Reeta Baweja vs State Of Haryana And Others
2022 Latest Caselaw 6339 P&H

CWP-1556-2021                                                             -1-

259   THE HIGH COURT OF PUNJAB & HARYANA
                 AT CHANDIGARH
                                         ****

CWP-1556-2021 Date of Decision: 07.07.2022

Reeta Baweja ..... Petitioner Versus

State of Haryana and others ..... Respondents

CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present: Mr. Parth Goyal, Advocate, for the petitioner.

Mr. Satish Singla, AAG, Haryana.

*****

HARSIMRAN SINGH SETHI J. (ORAL)

In the present petition, prayer of the petitioner is for the grant

of 2nd and 3rd ACP to him, for which she is entitled for, by the respondent-

Department.

Learned State counsel submits that as per the instructions

received by him, vide letter dated 05.07.2022, claim of the petitioner has

been re-considered by the respondents and the petitioner has been found

eligible for the grant of 2nd ACP w.e.f. 01.12.2012 and 3rd ACP, w.e.f.

01.12.2016, and appropriate order has also been passed in this regard by the

authorities concerned on 01.07.2022. Learned State counsel further submits

that the amount concerned will be released to the petitioner within a period

of two months from today.

Learned counsel for the petitioner submits that he has no

information about the said development. Learned counsel further submits

that though as per the aforesaid statement of learned State counsel, the

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respondents have now found the petitioner eligible for the grant of 2nd and

3rd ACPs with effect from the respective dates, but as the petitioner was

entitled for the grant of said benefit in the year 2012 and 2016 respectivelyk

, still she was forced to approach this Court for the said purpose, therefore,

the petitioner is also entitled for the grant of interest on the consequential

benefits which are going to be released in favour of the petitioner in

pursuance of order dated 01.07.2022.

Learned State counsel has not been able to rebut the contention

of learned counsel for the petitioner that delay in releasing the benefit of 2nd

and 3rd ACP to the petitioner is attributable upon the respondents only.

As per the judgment of a co-ordinate Bench of this Court,

passed in CWP-15867-2001 titled as "J.S. Cheema Vs. State of Haryana

and others", decided on 20.11.2013, even where an amount has been

retained by a Department, which actually belonged to the employee, and has

used the same to its benefit, and the employee has suffered prejudice due to

the non-release of the said amount, the employee becomes entitled for the

grant of interest, so as to compensate him for the said prejudice. The

relevant paragraph No.5 of the judgment is as under:-

" x -- x -- x In my opinion, even if the assertion made in the written statement is presumed to be correct it would not disentitle the petitioner for claiming interest. The jurisprudential basis for grant of interest is the fact that one person's money has been used by somebody else. It is in that sense rent for the usage of money. If the user is compounded by any negligence on the part of the person with whom the money is laying it may result in higher rate because then it can also include the component of damages (in the form of interest). In the 2 of 3

circumstances, even if there is no negligence on the part of the State it cannot be denied that money which rightly belonged to the petitioner was in the custody of the State and was being used by it.

x -- x -- x"

In the present case, the amount for which the petitioner has now

been found entitled for by the respondents themselves, vide order dated

01.07.2022, the delay in releasing of the said benefit to the petitioner is

attributable upon the respondents only. Once the petitioner could not enjoy

the benefits at the time when the same were due to her, she needs to be

compensated by granting her interest on the said delayed release of benefit

to her by the respondent-Department.

Keeping in view the above, the petitioner is held entitled for the

grant of interest at the rate of 6% per annum on the delayed release of

consequential benefits to her, which will be released in her favour by the

respondent-Department, vide order dated 01.07.2022, passed by the

authorities concerned, from the date the said amount became due till the

date of actual payment of the same to the petitioner.

Let the computation of interest, for which the petitioner

becomes entitled for under this order, be carried out within a period of two

months from the date of receipt of the copy of this order and the interest so

calculated be paid to her within a period of next four weeks.

Allowed in the above terms.

07.07.2022                               (HARSIMRAN SINGH SETHI)
Apurva                                           JUDGE

             1. Whether speaking/reasoned :           Yes/No
             2. Whether reportable        :           Yes/No
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