Himachal Pradesh High Court
CWPOA/15057/2008 of SHANKAR MALL Vs STATE on 29 December 2009
No. 15057 of 2008. 29.12.2009. Present: Mr. Adarsh Sharma, Advocate, for the petitioner. Mr. R.K. Sharma, Senior Additional Advocate General, for the respondents. Petitioner has retired after attaining the age of superannuation on 30th November, 2006. However, petitioner’s leave encashment
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Conclusion
CWP (T) No. 15057 of 2008.
Mr. Adarsh Sharma, Advocate, for the petitioner.
29.12.2009. Present:
Mr. R.K. Sharma, Senior Additional
Advocate General, for the respondents.
Petitioner has retired after attaining the age of superannuation on 30[th]November, 2006. However, petitioner’s leave encashment and gratuity were not released. The same have been released during the pendency of this petition on 24[th] September, 2009 and 9[th] December, 2009 respectively. Petitioner is entitled to the interest as per Rule 68 of the C.C.S. (Pension) Rules, 1972 read with instruction No. (ii) appended thereto. Petitioner is also entitled to simple interest on the delayed payment of leave encashment which has been released to him on 24[th ]September, 2009 instead of 30[th] November, 2006.
Consequently, the writ petition is allowed. Respondents are directed to pay interest to the petitioner on the delayed gratuity as per Rule 68 of the C.C.S. (Pension) Rules, 1972 read with instruction No. (ii) appended thereto. Petitioner is also held entitled to interest @ 9 % per annum on the delayed payment of leave encashment. The same be now released within a period of eight weeks from today. No costs.
December 29, 2009. bhupender
(Rajiv Sharma), Judge