CIVIL APPEAL 11293 of 2008 on 31 December 2004

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CWP No. 11293 of 2008 Date of Decision: 22.1.2009.

Dr. Nardev Singh

---Petitioner

Vs.

State of Punjab and others---Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI.

Present:-Mr. I.D. Singla, Advocate for the petitioner.

Ms. Charu Tuli, Sr. D.A.G., Punjab.***

PERMOD KOHLI.J (ORAL)

The petitioner has filed this petition seeking direction forpayment of the retiral benefits. The petitioner retired from service on31.12.2004 from the post of Assistant Director, Animal Husbandry. Hisgrievance was that despite of representation and service of legal notice, hisretiral benefits could not be settled and paid. However, it is admitted caseof the petitioner that during the pendency of this petition, all his retiralbenefits have been paid, though, belatedly. The petitioner has today filed anaffidavit giving details of the delayed payments of retiral benefits.

Respondents have filed an affidavit of Dr. Shashi Kant, DeputyDirector Animal Husbandry, Hoshiarpur dated 15.1.2009, wherein anattempt is made to justify the delay. The grounds urged in the affidavit arethat in an enquiry case against Gurpal Singh, Clerk, Enquiry Officer foundconnivance of the petitioner. However, neither the date of the enquiry northe enquiry report has been placed on record. It is also admitted position CWP No. 11293 of 2008

that no FIR or criminal proceedings were ever initiated against the petitionerduring the service or even after his retirement. The delay in makingpayments cannot be attributed to the petitioner.

The petitioner is accordingly found entitled to the interest onthe delayed payments. So far as the delayed payment of GPF amount isconcerned, petitioner is entitled to the statutory interest. On all otherdelayed retiral benefits including pension, the petitioner is entitled tointerest @ 9% for the period of delay. Let the amount of interest becalculated and paid to the petitioner within a period of two months.

Petition is disposed of as such.

22.1.2009lucky

(PERMOD KOHLI) JUDGE