Punjab-Haryana High Court
Surinder Kumar Mittal vs Accountant General Haryana And Anr on 7 March, 2024
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
Neutral Citation No:=2024:PHHC:033333
CWP-21331-2015 2024:PHHC:033333 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-21331-2015
Date of Decision: 07.03.2024
SURINDER KUMAR MITTAL
...Petitioner
Vs.
ACCOUNTANT GENERAL HARYANA AND ANR.
...Respondents
CORAM:- HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. Surender Dhull, Advocate for the petitioner.
Mr. Vibha Tewari, AAG, Haryana.
HARSIMRAN SINGH SETHI, J. (Oral)
1. In the present petition, the grievance of the petitioner is that the
petitioner retired from service on 20.04.2003 but, his GPF was only
sanctioned and released on 29.01.2016 and the same was only deposited by
the concerned authorities in the Bank of the petitioner on 03.02.2016. The
petitioner is claiming interest on the delayed release of GPF amount of
Rs.94,209/-.
2. Learned counsel for the respondent on the other hand submits
that keeping in view the affidavit of Sanjeev Kumar, Deputy Director,
Directorate of Employment, Haryana dated 12.01.2024, as the petitioner
retired on 20.04.2003 and the final payment of GPF became due to him on
21.04.2003, only interest for 06 months period subsequent to the
entitlement of the amount could be paid keeping in view the rules
governing the service hence, no interest can be paid to the petitioner beyond
the year 2003.
3. I have heard counsel for the parties and have gone through the
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record with their able assistance.
4. It is a conceded position as per the affidavit dated 12.01.2024
that the GPF amount was only sanctioned to be released on 29.01.2016
which was deposited in the Bank account of the petitioner on 03.02.2016.
Once, the amount became due and the respondents did not release the same,
the petitioner becomes entitled for the grant of interest on the said delayed
release of GPF amount.
5. Respondents are only denying the benefit of interest to the
petitioner on the ground that after the petitioner retired on 20.04.2003, the
interest can only be paid upto a period of 06 months from the date of
entitlement and not beyond that. The said ground cannot be accepted
especially once, the amount of Rs.94,209/- was retained by the respondents
without there being any impediment and was only sanctioned on
29.01.2016 to be deposited in the account on 03.02.2016. Once, the amount
has been retained by the respondents without there being any impediment
the respondents are under obligation to release the amount with interest to
the petitioner as well.
6. The grant of interest has already been settled by the Coordinate
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. 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.
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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 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."
7. In the present case, the amount which became due to the
employee on 21.04.2003 was only sanctioned on 29.01.2016 and released in
the account of the employee on 03.02.2016 hence, as per the judgment of
J.S. Cheema's case (supra) the petitioner is entitled for interest on the
amount of Rs.94,209/- upto 03.02.2016 and not only upto the year 2003.
8. Let the respondents release the interest upon the payment of
Rs.94,209/- from 21.04.2003 upto the actual date of payment @ 6% per
annum. The interest already paid on the said amount for a period of six
months be deducted/adjusted while making the payment under this order.
9. Let the order be complied with, within a period of 08 weeks
from the receipt of the certified copy of this order.
10. The present petition is disposed of in above terms.
(HARSIMRAN SINGH SETHI)
(JUDGE)
07.03.2024
kv
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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