Punjab-Haryana High Court
Sanjeev Kumar vs Union Of India And Another on 23 October, 2024
Neutral Citation No:=2024:PHHC:139226
CWP-18425
18425-2024 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(117)
CWP-18425-20242024
Date of Decision:- 23.10.2024
2024
Sanjeev Kumar
......Petitioner
Versus
Union of India and another
......Respondentss
CORAM: HON'BLE MR. JUSTICE ALOK JAIN
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Present: Mr. Dhiraj Chawla, Advocate for the petitioner.
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ALOK JAIN,
JAIN J. (Oral)
The present petition has been filed inter alia praying for issuance of a writ in the nature of mandamus directing the respondents to pay interest on the delayed leave encashment payment of Rs. 1,67,820/ 1,67,820/--
which was actually disbursed on 07.03.2024 07.03.2024.
2. Learned counsel for the petitioner submits that tthe he petitioner was eligible for the said amount w.e.f. 31.10.2015 i.e. the date of his voluntarily retirement and hence, in light of the judgment passed by the Hon'ble Full Bench of this Court in the case of "A.S. A.S. Randhawa Vs. State 468, the petitioner is entitled to of Punjab and others", 1997 (3) SCT 468 interest.
3. On a specific query put by this Court to demonstrate that when the claim was raised by the petitioner for interest being entitled for leave encashment, the counsel for the petitioner ner fairly submits that he had approached the Court in the year 2019 and hence, he is ready to contain his 1 of 2 ::: Downloaded on - 29-10-2024 02:32:28 ::: Neutral Citation No:=2024:PHHC:139226 CWP-18425 18425-2024 2 claim for interest from 2019 onwards only, as while disposing of his earlier writ petition bearing CWP-32976-2019, the Court had directed the respondents ents to decide the claim of the petitioner in a time bound manner.. In compliance of the said order, the authorities held the petitioner to be entitled for the said amount and hence, he be granted interest at least from the date of filing of that petition.
4. Notice of motion.
5. Mr. Vinod Kumar Handa, Advocate has put in appearance and accepts notice and files his memo of appearance on behalf of the respondents in Court today, which is taken on record, subject to all just exception and prays for some time time to file the response.
6. However, considering the fact that the writ of mandamus has been sought for, for therefore, the response is not required and the present petition stands disposed of with a direction to the respondents to consider the claim of the interest from the date of filing of CWP CWP-32967-2019 i.e. 13.11.2019 till the date of payment i.e. 07.03.2024 @ 8% p.a. and the same shall be released to the petitioner within three months from today.
7. It is further directed that, in n case, the needful is not done and the petitioner is compelled to file contempt proceedings, in that eventuality,, the pay of the concerned officer shall be stayed immediately on completion of three months.
(ALOK JAIN) JUDGE 23.10.2024 Parul Whether speaking/reasoned:
speaking/reasoned:- Yes/No
Whether Reportable:- Yes/No
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