RSA-5051-2017 [201] State of Ha District Ma Kaptan Sin Coram : Present: PANKAJ J [1] regarding r filed by the 017 (O&M) IN THE HIGH COURT OF AT CHANDIGA RSA-5051 Date of De of Haryana through District Collector ict Mahendergarh at Narnaul and other versus an Singh HON’BLE MR. JUSTICE PA Mr. Paramjeet Singh, DAG, H Mr. Mukesh Yadav, Advocate **** KAJ JAIN, J. (ORAL) In the present Regular Sec ding rate of interest payable to the pl by the plaintiff, Court of the First Insta “The plaintiff is held en pension by stepping up at par w class namely Hansraj, Assistan Government and to receive arre with simple interest @ 18% P effect from his date of promo plaintiff has already been stepp category employee and arrears of the suit, the plaintiff is hel entitlement of to receive simple i period from 17.09.2004 to date ₹176223/- of salary on 06.0 ₹66,573/- of pension and gra plaintiff shall be further entitl outstanding amount of interest f arrears to till final payment of th T OF PUNJAB AND HARYANA DIGARH 5051-2017 (O&M) of Decision : 19.01.2026 llector, d others …Appellants ….Respondent PANKAJ JAIN G, Haryana. vocate for the respondent. r Second Appeal, the only issue the plaintiff. While decreeing the su st Instance ordered as under:- ld entitle for fixation of salary and par with junior employee of reserved stant as per instructions of Haryana arrears of amount to that effect along % PA upon the arrear amount with omotion on 17.09.2004. Since the stepped up at par with his reserved ears of amount paid during pendency s held entitle for remaining relief of ple interest @ 18% PA for the delayed date of payment of arrear amount of 06.06.2014 and arrear amount of gratuity paid on 21.07.2014. The ntitle to interest @ 6% PA on the est from the said dates of payment of of the same.” 1 issue is the suit and ved ana ong with the ved ncy f of yed t of of The the t of RAJNEESH SHARMA 2026.02.06 14:48 I attest to the accuracy and integrity of this document RSA-5051-2017 [2] Appellate C [3] Civil Proce 017 (O&M) The aforesaid award of intere llate Court. Award of interest is governe Procedure, 1908, which reads as unde 34. Interest.— (1) Where and in so far as a the Court may, in the decree, ord deems reasonable to be paid on t date of the suit to the date of th adjudged on such principal su institution of the suit, with f exceeding six per cent per ann on such principal sum, from th payment, or to such earlier date Provided that where the liability had arisen out of a commercial interest may exceed six per cent contractual rate of interest or wh rate at which moneys are lent or relation to commercial transactio Explanation I.— In this sub-se corresponding new bank as d (Acquisition and Transfer of Und Explanation II.— For the purpo commercial transaction, if it is c business of the party incurring th (2) Where such a decree is si further interest on such principa the date of payment or other ear to have refused such interest, an lie. ” interest has been upheld by the Low verned by Section 34 of the Code o s under:- as a decree is for the payment of mone , order interest at such rate as the Cou on the principal sum adjudged, from t of the decree, in addition to any intere al sum for any period prior to t th further interest at such rate n annum as the Court deems reasonab m the date of the decree to the date ate as the Court thinks fit: bility in relation to the sum so adjudg cial transaction, the rate of such furth cent per annum, but shall not exceed t r where there is no contractual rate, t nt or advanced by nationalised banks sactions. section, “nationalised bank” means as defined in the Banking Compani Undertakings) Act, 1970 (5 of 1970). urposes of this section, a transaction is t is connected with the industry, trade ng the liability. is silent with respect to the payment cipal sum from the date of the decree r earlier date, the Court shall be deem st, and a separate suit therefore shall n 2 e Lower Code of oney, Court om the nterest to the te not sonable ate of judged further ed the te, the nks in eans a panies 0). on is a ade or ent of cree to eemed all not RAJNEESH SHARMA 2026.02.06 14:48 I attest to the accuracy and integrity of this document RSA-5051-2017 [4] for interest deposits. A plaintiff sh annum from of suit. He lite. Rest o [5] [6] disposed of 19.01.2026 ‘R. Sharma' 017 (O&M) In the considered opinion of t nterest at the rate the nationalized b sits. Accordingly, the present appeal tiff shall be entitled for interest @ 8% m from the date of his promotion on He shall be further entitled to int Rest of the decree is maintained. The appeal is ordered to be dis All pending miscellaneous ed off. .2026 Whether speaking/ reasoned Whether reportable n of this Court, the plaintiff is entitle lized banks were paying on the fixe appeal is allowed to the extent that th t @ 8% per annum instead of 18% p on 17.09.2004 till date of institutio interest @ 6% per annum penden disposed off. neous application(s), if any, stand (PANKAJ JAIN) JUDGE : Yes/No : Yes/No 3 entitled e fixed that the 8% per stitution ndente stands RAJNEESH SHARMA 2026.02.06 14:48 I attest to the accuracy and integrity of this document