Bhag Chand vs State Of Punjab & Ors
2023 Latest Caselaw 597 P&H

       IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

226)                                            CWP-10871 of 2016
                                                Date of Decision:12.01.2023

Bhag Chand

                                                                    ....Petitioner(s)
                                      Versus
State of Punjab and others

                                                                  .....Respondent(s)

CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI

Present:     Mr. Nitesh Singla, Advocate,
             for the petitioner.

             Ms. Akshita Chauhan, DAG, Punjab.

             Ms. Kavita Arora, Advocate,
             for respondent No.4.

        ****
JASGURPREET SINGH PURI, J. (Oral)

The present petition has been filed under Articles 226/227 of the

Constitution of India seeking a writ in the nature of mandamus directing the

respondents to release the pending pensionary benefits alongwith interest at the

rate of 12% per annum.

It has been submitted that the learned counsel for the petitioner

that the petitioner reitred on 31.08.2013 from Municipal Council, Sunam and

earlier he was working in the office of the Municipal Council, Bareta and also

for sometime at Improvement Trust, Patiala. He submitted that the retiral

benefits have already been paid to the petitioner but the same have been paid

by way of delayed payment for no fault of the petitioner. He further submitted

that the petitioner is entitled for the interest for the delayed payment since there

was no fault of the petitioner and has also referred to a Full Bench judgment of

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this Court in A.S. Randhawa verus State of Punjab and others 1997(3) SCT

468.

Ms. Kavita Arora, learned counsel appearing on behalf of

respondent No.4-Municipal Council, Sunam submitted that a reply has been

filed by the Municipal Council, Sunam whereby it has been so stated that the

petitioner had in fact remained posted at different places including the

Municipal Council, Sunam, Municipal Council, Bareta and Improvement Trust,

Patiala at different points of time and the details of the same have been

mentioned in paragraph 2 of the reply and the Municipal Council, Bareta where

he had served for the maximum period of time was also impleaded as

respondent No.5 in the present petition and similarly Improvement Trust,

Patiala was also impleaded as respondent No.6 in the present petition.

However, no reply has been filed by the respondents No.5 and 6 in the present

case, although earlier they were represented through a counsel before this

Court vide orders dated 13.03.2019 and 20.01.2020 respectively.

Ms. Akshita Chauhan, learned DAG, Punjab has submitted that so

far as respondents No.1 to 3 are concerned, they are the State authorities and on

their end the pensionary benefits stood sanctioned but the same was to be paid

by the respective Municipal Councils according to the time where he has

worked.

I have heard the learned counsel for the parties.

Even as per the learned counsel for the parties, there had been a

delay in the payment of retiral benefits to the petitioner and there was no

impediment for non-payment. Therefore, delay in payment of pensionary

benefits is not in dispute. However, the scope of the present petition is now

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restricted only for the payment of interest on the delayed payment. Learned

counsel appearing on behalf of the Municipal Council, Sunam submitted that

the petitioner served in the Municipal Council only for 13 days whereas for rest

of the period he had served either in the Municipal Council, Bareta or

Improvement Trust, Patiala. Nobody has caused appearance on behalf of the

Municipal Council, Bareta or Improvement Trust, Patiala nor reply has been

filed by them. It appears that the amount which is to be paid as interest may be

fastened upon two Municipal Councils and Improvement Trust, Patiala subject

to the respective posting of the petitioner at different places and all the three

organizations, i.e. the Municipal Council (Sunam), Municipal Council (Bareta)

and Improvement Trust, Patiala are under the supervisory capacity of the

Director, Local Bodies, Punjab. Therefore, this Court deems it fit and proper to

direct the Director, Local Bodies, Punjab to convene a meeting of all the

respective officers of the aforesaid two Municipal Councils and Improvement

Trust, Patiala and thereafter whoever is liable to pay the interest on the amount,

shall be directed to pay the interest on the delayed payment after calculating the

same at the rate of 6% from the date of accrual till the date of disbursement.

The said exercise be carried out by the Director, Local Bodies, Punjab within a

period of two months from today and thereafter the interest amount shall be

paid by the respective local body/bodies within next period of three months.

Petition stands disposed of accordingly.

                                       (JASGURPREET SINGH PURI)
                                               JUDGE
January 12, 2023
dinesh     Whether speaking                    :    Yes/No
           Whether reportable                  :    Yes/No




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