Godawari Devi vs . State Of H.P. & Others
2023 Latest Caselaw 13458 HP

Godawari Devi vs. State of H.P. & others

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Ex. Petn. No. 155 of 2020

13.9.2023 Present: Mr. K. S. Parmar, Advocate, for the petitioner.

Mr. Anup Rattan, Advocate General with Mr. Pushpender Jaswal, Addl. A.G., Mr. Gautam Sood, Mr. Rahul Thakur & Ms. Priyanka Chauhan, DAGs, for the respondents a/w Sh.

Manmohan Sharma, DC, Solan.

Learned Advocate General has moved an

application today in the Court, seeking extension of time

by four weeks to show complete compliance to the

judgment passed by this Court. It is submitted that the

matter has already been forwarded to the Finance

Department.

Even on 23.8.2023, this Court had observed

that there is no reason with the respondents to justify

the inordinate delay in not complying with the judgment

of this Court fully. The judgment is clear and categoric

that in case of failure of the respondents to pay arrears of

family pension and retiral benefits to the petitioner

within three months, she shall be entitled to interest at

the rate of 9% per annum.

Though, the family pension and retiral

benefits were released in favour of the petitioner but this

action of the respondents was after the expiry of three

months, as directed by this Court and hence, the right of

the petitioner to claim interest accrued. The judgment

was passed on 15.4.2017. Three months elapsed on

.

24.7.2017. Now interest liability is at the rate of 9% per

annum w.e.f. 25.4.2017, which is to be borne by the

State exchequer. Evidently, such liability will be borne

by the State on account of remissness/ negligence on the

part of some of its functionaries.

This Court has repeatedly held that the

public money cannot be squandered at the whims of the

authorities. It is high time that such like liabilities

should to be borne from the pocket of the erring officials.

Keeping in view the above observations, it is

directed that the Secretary (Revenue), Government of

Himachal Pradesh will hold an inquiry into the matter

immediately to find out the erring official/official(s),

officer/officer(s) and to take necessary steps for recovery

of such amount from the erring official/official(s),

officer/officer(s). The inquiry shall positively be

completed within thirty days from today and compliance

be reported to this Court.

List on 20.10.2023. In the meanwhile, the

personal presence of Deputy Commissioner, Solan is

exempted.

(Satyen Vaidya) Judge 13th September, 2023 (kck)