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DEVI KRISHAN VERMA & ANR versus STATE OF HARYANA & ORS

High Court of Punjab and Haryana, Chandigarh

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Devi Krishan Verma & Anr v. State of Haryana & Ors - CWP-9208-2005 [2006] RD-P&H 2437 (20 April 2006)

CWP 9208 of 2005 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP No. 9208 of 2005

Date of decision28.4..2006

Devi Krishan Verma and another .. petitioners Versus

State of Haryana and others .. Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR
HON'BLE MR. JUSTICE M.M.S. BEDI

PRESENT: Ms. Promila Nain , Advocate for the petitioners Mr. Harish Rathee, Sr. DAG Hy.

M.M.Kumar, J.

It is the admitted position that the petitioners have superannuated on 31.5.2004. They approached this Court by filing CWP Nos. 10097 and 10096 of 2004 respectively. The Division Bench of this Court disposed of the writ petitions on 13.7.2004 with the direction that within two months from the date of submission/ receipt of certified copy of this order alongwith a copy of the writ petition by the respondent i.e. the Director, Secondary Education, Haryana, the petitioners' claim for retiral benefits be decided by passing a speaking order and the amount payable to them was to be released within next one month. However, there was delay caused in making payment of the retiral benefits as has been detailed in para 10 of the writ petition, which reads as under: " Devii Krishan Verma

Total Due on Released on

GIS 11833/- 1.6.2004 17.8.2004

Gratuity 177071/- 1.6.2004 22.12.2004

Gratuity 27000/- 1.6.2004` 28.3.2005

Commutation 340160/- 1.6.2004 17.1.2005

Leave 86567/- 1,6.2004 5.3.2005

Encashment

Pension 5475/- 1.6.2004 17.1.2005

Smt. Harjinder Kaur

Leave 538553/- 1.6.2004 15.3.2005

Encashment

Gratuity 192071/- 1.6.2004 18.1.2005

Pension 55584/- 1.6.2004 27.1.2005

Gratuity 60000/- 1.6.2004 4.4.2005

Commutation 34543260/- 1.6.2004 9.2.2005 In response to the notice of motion issued, the respondents have not been CWP 9208 of 2005 2

able to deny the material fact with regard to the issuance of directions by this Court as well as the dates of payment, as specified in para 10 (supra). There is no averment in the written statement showing that the petitioners were in any way responsible for causing the delay in making the payment of retiral benefits.

We have heard the learned counsel for the parties and find that the relief of interest claimed on the delayed payment of retiral benefits is squarely covered by a Full Bench judgement of this Court in the case of R.S.Randhawa v. State of Punjab and others 1997(3) RSJ 318 wherein it has been held that on every delayed payment of retiral benefits beyond the period of two months interest has to be paid. Although the Full Bench had imposed the interest @ 12 percent which could have been extended to 18 percent, yet we are of the view that the ends of justice would be met if a direction is issued to the respondents to pay interest @ 9 percent p.a. on all the delayed payments beyond the period of two months from the date they were due, except on the element of commutation of pension. The interest on the delay payments be calculated and paid within a period of two months from the date a certified copy of this order is received/ presented to the respondents.

(M.M.Kumar)

Judge

(M.M.S.Bedi )

28 .4.2006 Judge

okg


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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