Punjab-Haryana High Court
Shanti Devi vs State Of Haryana & Others on 25 April, 2024
Author: Jasgurpreet Singh Puri
Bench: Jasgurpreet Singh Puri
Neutral Citation No:=2024:PHHC:058496
CWP-259-2018 -1-
2024:PHHC:058496
221
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-259-2018
Date of decision: 25.04.2024
SHANTI DEVI
...Petitioner
VERSUS
STATE OF HARYANA & OTHERS
...Respondents
CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI
Present:- Mr. S. K. Bhardwaj, Advocate
for the petitioner.
Mr. Gaurav Jindal, Addl. A.G., Haryana.
Mr. Himanshu Arora, Advocate and
Mr. Mani Pal Goyal, Advocate
for respondents No.3 and 4.
Ms. Anmol Preet Kaur, Advocate for
Mr. H. S. Oberoi, Advocate
for respondent No.5.
****
JASGURPREET SINGH PURI, J. (Oral)
1. The present writ petition has been filed under Articles 226/227 of
the Constitution of India seeking issuance of a writ in the nature of certiorari
for quashing the impugned action in not granting the interest on the delayed
payment of retiral benefits as per instruction dated 20.02.2002 and further for
quashing the impugned action of the respondents in not granting benefit of
revised pay/pension in view of the Haryana Civil Services (ACP) Rules, 2008,
which were made applicable w.e.f. 01.01.2006 and further to issue a writ in the
nature of mandamus directing the respondents to grant interest on the delayed
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2024:PHHC:058496
payment of retiral benefits and further to grant the benefit of revised pay/retiral
benefits.
2. Learned counsel for the petitioner submitted that the dispute in the
present case is now only pertaining to the prayer for grant of interest on the
delayed payment of retiral benefits in view of a Full Bench judgment of this
Court in A. S. Randhawa versus State of Punjab and others, 1997 (3) SCT
468. To cut short his arguments, he further submitted that now the dispute is
only pertaining to table B, which has been so depicted in para No.6 of the short
reply filed on behalf of respondents No.3 and 4-HSVP, which is reproduced as
under:-
Table B:- The retirement benefit issued for the service period pertains to
HSVP and paid to the official/legal heir, details are as under:-
Description Cheque No. & Amount Remarks
Date
GLIC 889577 dated 3847/- Amount paid to
05.09.2006 late Sh. Daya
Chand
Leave Encashment 304174 dated 24738/- Amout paid to
10.08.2009 Smt. Shanti Devi
W/o Late Sh.
Daya Chand
DCRG 304174 dated 34015/- Amount paid to
10.08.2009 Smt. Shanti Devi
W/o Late Sh.
Daya Chand
GPF 572872 dated 109766/- Amount paid to
28.01.2010 Smt. Shanti Devi
W/o Late Sh.
Daya Chand
Commutation --- 39879/- Amount paid to
Smt. Shanti Devi
W/o Late Sh.
Daya Chand
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3. Learned counsel for the petitioner submitted that as per the
aforesaid table, GLIC was paid on 05.09.2006, leave encashment was paid on
10.08.2009, DCRG was paid on 10.08.2009 and GPF was paid on 28.01.2010,
whereas the husband of the petitioner had retired on 28.02.2006 and he died on
06.03.2009. He further submitted that for the aforesaid delay of about 3-4 years,
there is no justification given in the aforesaid short reply and therefore, the
petitioner was entitled for grant of interest on the aforesaid delayed payments.
4. On the other hand, learned counsel for respondents No.3 and 4
does not dispute the aforesaid factual position and has not been able to give any
justification for the aforesaid delay.
5. In view of the aforesaid facts and circumstances, the present writ
petition is partly allowed. The respondents are directed to calculate the interest
on the aforesaid payments, which are so depicted in table B of para No.6 of the
short reply as reproduced above @ 6% per annum and pay the same to the
petitioner, within a period of three months from today. In case the aforesaid
amount is not paid to the petitioner within a period of aforesaid three months,
then the petitioner shall be entitled for future rate of interest @ 9% per annum.
However, there shall be no order as to costs.
(JASGURPREET SINGH PURI)
25.04.2024 JUDGE
Chetan Thakur
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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