Punjab-Haryana High Court
Sanjeev Kumar vs Union Of India And Another on 23 October, 2024
Neutral Citation No:=2024:PHHC:139226
CWP-18425
18425-2024 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(117)
CWP-18425-20242024
Date of Decision:- 23.10.2024
2024
Sanjeev Kumar
......Petitioner
Versus
Union of India and another
......Respondentss
CORAM: HON'BLE MR. JUSTICE ALOK JAIN
****
Present: Mr. Dhiraj Chawla, Advocate for the petitioner.
****
ALOK JAIN,
JAIN J. (Oral)
The present petition has been filed inter alia praying for
issuance of a writ in the nature of mandamus directing the respondents to
pay interest on the delayed leave encashment payment of Rs. 1,67,820/
1,67,820/--
which was actually disbursed on 07.03.2024
07.03.2024.
2. Learned counsel for the petitioner submits that tthe
he petitioner
was eligible for the said amount w.e.f. 31.10.2015 i.e. the date of his
voluntarily retirement and hence, in light of the judgment passed by the
Hon'ble Full Bench of this Court in the case of "A.S.
A.S. Randhawa Vs. State
468, the petitioner is entitled to
of Punjab and others", 1997 (3) SCT 468
interest.
3. On a specific query put by this Court to demonstrate that when
the claim was raised by the petitioner for interest being entitled for leave
encashment, the counsel for the petitioner
ner fairly submits that he had
approached the Court in the year 2019 and hence, he is ready to contain his
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Neutral Citation No:=2024:PHHC:139226
CWP-18425
claim for interest from 2019 onwards only, as while disposing of his earlier
writ petition bearing CWP-32976-2019, the Court had directed the
respondents
ents to decide the claim of the petitioner in a time bound manner..
In compliance of the said order, the authorities held the petitioner to be
entitled for the said amount and hence, he be granted interest at least from
the date of filing of that petition.
4. Notice of motion.
5. Mr. Vinod Kumar Handa, Advocate has put in appearance and
accepts notice and files his memo of appearance on behalf of the
respondents in Court today, which is taken on record, subject to all just
exception and prays for some time
time to file the response.
6. However, considering the fact that the writ of mandamus has
been sought for,
for therefore, the response is not required and the present
petition stands disposed of with a direction to the respondents to consider
the claim of the interest from the date of filing of CWP
CWP-32967-2019 i.e.
13.11.2019 till the date of payment i.e. 07.03.2024 @ 8% p.a. and the same
shall be released to the petitioner within three months from today.
7. It is further directed that, in
n case, the needful is not done and
the petitioner is compelled to file contempt proceedings, in that eventuality,,
the pay of the concerned officer shall be stayed immediately on completion
of three months.
(ALOK JAIN)
JUDGE
23.10.2024
Parul
Whether speaking/reasoned:
speaking/reasoned:- Yes/No
Whether Reportable:- Yes/No
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