Punjab-Haryana High Court
Jagdish Lal vs Uhbvn And Ors on 26 April, 2024
Author: Jasgurpreet Singh Puri
Bench: Jasgurpreet Singh Puri
Neutral Citation No:=2024:PHHC:057529
CWP-9475-2024(O&M) -1- 2024:PHHC:057529
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-9475-2024(O&M)
Date of decision: 26.04.2024
Jagdish Lal
...Petitioner
VERSUS
UHBVNL and others
...Respondents
CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI
Present:- Mr. P.K. Ganga, Advocate, for the petitioner.
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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 mandamus
directing the respondents to release interest on the delayed payment of retiral
benefits i.e. pension arrear, DCRG and leave encashment from June, 2023 till
realization and further to release revised pension as per his entitlement.
2. Learned counsel for the petitioner has submitted that he had earlier
filed a writ petition before this Court which was allowed by learned Single
Bench of this Court on 03.03.2016 vide Annexure P-1 in which the impugned
orders of that petition were set aside and the respondents were directed to make
payment of full salary and allowance to the petitioner during the period, he
remained out of service i.e. from 23.02.1995 to 17.01.2011 alongwith interest
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at the rate of 9% per annum within a period of three months. Thereafter, the
respondent-Nigam assailed the aforesaid judgment by filing an LPA and the
aforesaid LPA was dismissed vide Annexure P-2. However, so far as the
interest part is concerned, the order was modified to the extent that instead of
9 % per annum which was on a higher side, an interest of 6% per annum was
granted. Thereafter, the respondent-Nigam assailed the aforesaid judgment by
filing an SLP which was dismissed vide Annexure P-3. The petitioner also filed
a contempt petition before this Court which was also disposed of vide Annexure
P-5. In the aforesaid contempt petition, the respondents had submitted that an
amount of Rs. 48.49 lacs has been paid to the petitioner through bank which
includes interest of approximately Rs. 25 lacs and the petitioner has issued a
certificate of satisfaction on 20.06.2023. The contempt petition was disposed
of as having been rendered infructuous. However, liberty was granted to the
petitioner to revive the petition, if any claim still survives.
3. Learned counsel submitted that the aforesaid interest was not
properly calculated and the claim still survives and therefore, the present
petition has been filed.
4. I have heard the learned counsel for the petitioner.
5. The aforesaid order passed in the contempt petition vide Annexure
P-5 is reproduced as under:-
"Learned senior counsel for the respondents submit that after
dismissal of the SLP in the month of April, 2023, an amount of
Rs.48.49 lacs stands paid to the petitioner through bank, which
includes the interest of approximately Rs.25 lacs, as well and the
petitioner has issued a certificate of satisfaction on 20.06.2023, in
this regard. A photocopy of the same is taken on recorded as Mark
X.
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Accordingly, the present petition is disposed of having been
rendered infructuous
However, liberty is granted to the petitioner to revive this
petition, if any claim still survives."
6. From a bare persual of the aforesaid order it is clear that the
principal amount and the interest amount was paid to the petitioner and even the
petitioner had issued a certificate of satisfaction on 20.06.2023. Still the Court
in contempt petition had granted liberty to the petitioner to revive the contempt
petition in case any claim still survives.
7. The petitioner instead of filing an application in the aforesaid
contempt petition in view of the aforesaid liberty granted has preferred to file a
fresh writ petition before this Court by filing the present petition. This Court is
of the considered view that the petitioner has wasted the time of the Court and
he has filed the present petition despite the fact that liberty was granted by a
Co-ordinate Bench of this Court in a contempt petition to revive the contempt
petition if any claim still survives.
8. In view of the above, the present petition is dismissed with costs of
Rs. 20,000/- (Twenty thousand) which is to be deposited by the petitioner in
the PGI Poor Patient Welfare Fund within a period of three months from today.
In case the aforesaid costs are not deposited by the petitioner, then the same
shall be recovered from the petitioner as arrears of land revenue.
9. List this case for compliance after three months.
(JASGURPREET SINGH PURI)
26.04.2024 JUDGE
rakesh
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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