None 5171 of 2008 on 1 May 1992

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

CWP-T No. 5171/2008

Decided on:21.6.2010

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Sushil Duggal.

…Petitioner.

Versus

State of Himachal Pradesh and others.…Respondents.

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Coram:

Hon’ble Mr. Justice Rajiv Sharma, Judge.

Whether approved for reporting?[1] No.

For the petitioner : Mr. Lokender Thakur, Advocate.

For the Respondents: Mr. P.M. Negi, Deputy Advocate General for respondents No. 1 and 2.

Mr. Ashwani Pathak, Advocate for respondent No.3.

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Rajiv Sharma, Judge (oral).

The dispute, which now survives, in the present petition is the delayed payment of pension on 1.5.1992 without interest and three months salary, which according to the petitioner, has been wrongly withheld by the respondents.

As far as the pension amount is concerned, the same was required to be paid and released to the petitioner immediately after her retirement in the month of January, 1991. It is not in dispute that this amount has been paid to the petitioner on 1.5.1992. This 1 Whether reporters of the local papers may be allowed to see the judgment? No.

amount ought to have been paid with interest @ 9% per annum. So far as the salary of three months is concerned, Mr. P.M. Negi, learned Deputy Advocate General, on the basis of instructions imparted to him by Mr. Rajan Samuel, Senior Assistant, submits that the petitioner herself had deposited this amount at the time of seeking pre-mature retirement. It has come in the reply that this amount was being released. The reply was filed on 11.10.1999. This amount could not be withheld by the respondent-State.

Accordingly, the petition is disposed of with the direction to the respondent-State to pay interest @ 9% per annum for delayed payment with effect from January, 1991 to 30.4.1992 and also to release salary of three months to the petitioner, if not already released, within a period of four weeks from today. No costs.

(Rajiv Sharma), Judge

21.6.2010 *awasthi*