Punjab-Haryana High Court
Raj Kumar Yadav vs State Of Haryana And Ors on 19 April, 2024
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
Neutral Citation No:=2024:PHHC:052680
2024:PHHC:052680
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
104 CWP-7562-2024 (O&M)
Decided on : 19.04.2024
RAJ KUMAR YADAV
. . .Petitioner
Versus
STATE OF HARYANA AND ORS
. . . Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
PRESENT: Mr. Jagdeep S. Rana, Advocate for the petitioner.
Mr. Harish Nain, AAG, Haryana.
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HARSIMRAN SINGH SETHI, J. (Oral)
1. In the present petition, the claim being raised by the petitioner is
that he is entitled for the grant of interest on delayed release of pensionary
benefits and the said claim of the interest has wrongly been denied by the
respondents while passing the impugned order dated 12.12.2022 (Annexure
P-15).
2. Learned counsel for the petitioner submits that though the
payment of pensionary benefits has been made in July, 2021 but the interest
on the said delayed release of payment of pensionary benefits has not been
paid to the petitioner upto the said date and the said claim has wrongly been
rejected by the respondents such act of the respondents is totally arbitrary and
illegal.
3. Notice of motion.
4. Mr. Harish Nain, AAG, Haryana, accepts notice on behalf of the
respondents-State and submits that he had received the instructions from the
department concerned qua the grievance raised by the petitioner in the
present petition.
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5. Learned counsel for the respondents submits that as per the
instructions received from the respondents-department, the department has
not only paid the pensionary benefits to the petitioner but interest has also
been paid.
6. Learned counsel for the respondents submits that leave
encashment amounting to Rs. 6,27,070/- was paid to the petitioner on
07.07.2020 vide voucher No. 5 dated 07.07.2020 and the interest on the said
amount from 01.06.2015 to 07.07.2020 amounting to Rs. 2,55,286/- was also
paid to the petitioner. Similarly, the gratuity of Rs. 7,52,484/- was paid to the
petitioner on 24.11.2020 vide Bill no. 07000765 dated 23.11.2020 and the
interest on the said amount from 01.06.2015 to 23.11.2020 amounting to Rs.
3,26,584 has also been paid to the petitioner.
7. Learned counsel for the respondents submits that the interest on
the delayed payment has already paid to the petitioner vide pay order No.
1600243555 dated 03.08.2021 and total sum of Rs. 5,81,870/- has been paid
to the petitioner as interest from 01.06.2015 till the actual payment of leave
encashment and gratuity was released.
8. Learned counsel for the petitioner submits that once the interest
was paid on 03.08.2021, the said interest has to be paid upto the date of
payment of interest whereas the said interest has only been paid upto the
date of actual payment of the leave encashment and gratuity and hence, the
respondents are liable to be directed to pay the remaining interest amount.
9. Learned counsel for the petitioner further prays that on the GIS
amount, arrears of salary and arrears on revised pay which has been paid to
the petitioner after the delay of more than six years, no interest has been
paid to the petitioner, hence, the petitioner is entitled for the grant of interest.
10. I have heard learned counsel for the parties and have gone
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through the record with their able assistance.
11. Qua the grant of interest on the delayed release of pensionary
benefits, no grievance can be made by the petitioner as the same has already
been granted to him. The claim of the petitioner is that the petitioner has
been paid the interest in the year 2021, the same has to be paid upto the said
date which cannot be accepted. Once, the basic payment of leave
encashment was made on 07.07.2020 and 23.11.2020, the interest is to be
paid upto the said date otherwise it will amount to payment of interest
upon interest, which is not admissible.
12. Qua the grant of benefit of arrears on the amount of GIS,
salary arrears, revised pay arrears, which became due in the year 2014 or
upon retirement or upon revision of pay w.e.f. 01.01.2016 and nothing has
come on record that interest on those delayed payment has been granted, the
respondents are directed to pass an appropriate order qua the same keeping
in view the judgment passed by the Co-ordinate Bench of this Court in J.S.
Cheema Vs. State of Haryana, 2014(13) RCR (Civil) 355, wherein it has
been held that where an amount belonging to an employee, has been retained
and used by the respondents, upon the release of the said amount, on a later
date, the interest has to be given.
13. The relevant paragraph of J.S. Cheema's case (supra) is as under: -
"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 lying it may result in
higher rate because then it can also include the
component of damages (in the form of interest). In the
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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."
14. Let the order on the above said aspect be passed keeping in view
the judgment passed in J.S. Cheema' s case (Supra) and in case, the delay
is on the part of respondents-department, the arrears be paid along with
interest @ 6% per annum from the date said amount accrued till the actual
payment.
15. Accordingly, the present petition stands disposed of in above
terms.
16. It is made clear that in case the delay is not attributable to the
respondents-department then the department is free to pass an appropriate
order.
17. Pending civil miscellaneous application, if any, stands disposed
of.
(HARSIMRAN SINGH SETHI)
JUDGE
19.04.2024
Riya
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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