Rupinderjit Kaur vs State Of Punjab And Others
2024 Latest Caselaw 18629 P&H

Punjab-Haryana High Court

Rupinderjit Kaur vs State Of Punjab And Others on 21 October, 2024

Author: Harsimran Singh Sethi

Bench: Harsimran Singh Sethi

279          IN THE HIGH COURT OF PUNJAB AND HARYANA
                          AT CHANDIGARH


                                  EA-43-2022 in CWP No.18789 of 2012
                                  Date of Decision : 21-10-2024

RUPINDERJIT KAUR                                       ........Petitioner
                                     VERSUS

STATE OF PUNJAB AND OTHERS                             ........Respondent(s)


CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI


Present:     Mr. Sanjeev Kumar Arora, Advocate
             for the applicant-petitioner.

             Mr. Swapan Shorey, DAG Punjab.

             ***

HARSIMRAN SINGH SETHI, J. (Oral)

In the present execution application, the prayer of the applicant

for the release of the emoluments which the petitioner is entitled for in

respect of the services rendered by her late father.

Learned counsel for the respondents submits that keeping in

view of the order dated 11.09.2024, a sum of Rs.9,24,133/- has been paid to

the petitioner.

Learned counsel for the applicant submits that the said amount

has been retained for sufficiently long time hence, the applicant is also

entitled for interest on the said emolument.

Learned counsel for the respondent has not been able to point

out any impediment in the release of the said benefit.

Keeping in view the judgment of the Co-ordinate Bench of this

Court in J.S. Cheema Vs. State of Haryana, 2014(13) RCR (Civil) 355, had

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held that an employee will be entitled for the interest on an amount which

has been retained by the respondents without any valid justification. 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 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."

Keeping in view of above, on the amount of Rs.9,24,133/- lying

with the respondent-State, the applicant is also held entitled for interest @

6% per annum from the date the amount became due till the date actual

payment of the same has been made.

Let the interest under this order be calculated and released to

the applicant within a period of 8 weeks from the receipt of copy of this

order.

Present application is disposed of in above terms.

Pending application, if any, also stands disposed of.

21-10-2024                                   (HARSIMRAN SINGH SETHI)
Sapna Goyal
                                                     JUDGE




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