Punjab-Haryana High Court
State Of Punjab And Others vs Iqbal Singh (Deceased) Through ... on 16 April, 2024
Neutral Citation No:=2024:PHHC:051322
RSA-2978-2017 (O&M) 1 2024:PHHC:051322
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
232 RSA-2978-2017 (O&M)
Date of decision: 16.04.2024
State of Punjab and others
.........Appellants
VERSUS
Iqbal Singh (deceased) through Smt. Sukhraj Kaur widow and his legal heir
........Respondent
CORAM : HON'BLE MR. JUSTICE NAMIT KUMAR
Present: Ms. Arundhati Kulshreshtha, A.A.G., Punjab
for the appellants.
None for the respondents.
*****
NAMIT KUMAR, J. (Oral)
CM-7431-C-2017
The instant application has been filed under Section 5 of the
Limitation Act seeking condonation of delay of 273 days in filing the
appeal.
Notice in the application was issued on 18.07.2017. But no
reply has been filed thereto.
In view of the averments made in the application, the same is
allowed. Delay of 273 days in filing the appeal is condoned.
RSA-2978-2017
1. The plaintiff, who retired as Agriculture Development Officer
on 31.10.1994, preferred a suit on 23.12.2009, claiming payment of General
Provident Fund (for short 'GPF'), amount along with interest @ 18% per
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Neutral Citation No:=2024:PHHC:051322
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annum.
2. It is admitted fact that during the pendency of the suit, the GPF
payment of Rs. 64,339/- was paid to the LRs of the plaintiff on 14.01.2011
and the suit filed by the plaintiff has been decreed by the learned trial Court
vide judgment and decree dated 05.12.2014, by granting interest @ 18% per
annum. The appeal preferred by the State has been dismissed by the learned
lower Appellate Court vide judgment and decree dated 08.04.2016. Hence,
this appeal has been filed.
3. Learned counsel for the appellant-State of Punjab submits that
the grant of interest @ 18% per annum on the GPF amount is on the higher
side and the learned Courts below have not made any reference with regard
to any rule or instructions while granting the interest @ 18% per annum.
Despite service, no one has put in appearance on behalf of the respondent
since 25.03.2019.
4. The facts are not in dispute that the plaintiff retired from
service on attaining the age of superannuation on 31.10.1994 and for
claiming the GPF amount, he preferred the suit on 23.12.2009 and GPF
amount of Rs. 64,339/- was released to the LRs of the plaintiff on
14.01.2011 during the pendency of the suit. A perusal of the judgments
passed by the learned Courts below would show that neither any rule or
instructions have been relied upon while granting interest @ 18% per
annum and reference of the judgment of the Hon'ble Supreme Court has
been made in the case of Vijay L. Mehrotra Vs. State of U.P. And others,
2002(2) RSJ 647. The said judgment was rendered in the year 2002, when
rate of interest was on the higher side. Even otherwise, no law has been laid
down in the said judgment that in all the cases where there is a delay in
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RSA-2978-2017 (O&M) 3 2024:PHHC:051322
releasing of retiral benefits interest @ 18% per annum is to be granted. The
plaintiff is entitled to the grant of interest, which is applicable to the GPF
amount, on the date of retirement of the plaintiff i.e. 31.10.1994, as he
became entitled for the said amount on the date of retirement. Consequently,
the judgments/ decrees passed by the learned Courts below are modified to
that extent. The appeal stands disposed of in the above terms.
5. Pending applications, if any, shall also stand disposed of.
16.04.2024 (NAMIT KUMAR)
Satyawan JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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