Citation : 2024 Latest Caselaw 20643 P&H
Judgement Date : 20 November, 2024
Neutral Citation No:=2024:PHHC:151949-DB
LPA-1081-2024 1
117
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
LPA-1081-2024
Date of decision: 20.11.2024
Duli Chand
......Appellant
V/s
State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE DEEPAK SIBAL
HON'BLE MR. JUSTICE DEEPAK MANCHANDA
Present: Mr. Ajit Kumar, Advocate for
Mr. Ram Darshan Yadav, Advocate
for the appellant.
****
DEEPAK SIBAL J. (ORAL)
1. On 14.01.1983, the appellant was appointed as a Junior Engineer
in the Haryana State Agriculture, Marketing Board (for short - the Board) and
on attaining the age of superannuation he retired from service on 31.03.2017.
During the course of his service, he was served with five charge-sheets and
after his retirement two charge-sheets were served upon him. His provisional
pensionary benefits were released soon after his retirement in the year 2017.
These were provisional because disciplinary proceedings were pending against
him.
2. After proceedings in all the seven charge-sheets served upon the
appellant culminated, regular pension, gratuity and other retiral benefits were
released to him through order dated 05.01.2021. After referring to Rule 79(6)
(ii) of Haryana Civil Services (Pension) Rules, 2016, on the delayed release of
pension, the competent authority granted to the appellant, interest @ 6% per
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Neutral Citation No:=2024:PHHC:151949-DB
annum from the date when the Board of Directors of the respondent-Board
had passed the final order of punishment at the time of culmination of the
disciplinary proceedings against the appellant and the date when regular
pension etc., was actually released to him.
3. The appellant petitioned this Court seeking a higher rate of
interest which petition of his has been dismissed by a learned Single Judge of
this Court through the impugned judgment.
4. After hearing learned counsel for the appellant and going through
the record of the case, we find that in the facts of the instant case, grant of
interest to the appellant @ 6% per annum is just and reasonable.
5. Dismissed.
(DEEPAK SIBAL) JUDGE
(DEEPAK MANCHANDA) 20.11.2024 JUDGE Sapna Adhikari
Whether speaking/reasoned Yes/No Whether reportable Yes/No
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