HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2452/2024 UT of J&K & Ors. …..Appellant(s)/Petitioner(s) Through: Ms. Monika Kohli, Sr. AAG. vs Hans Raj & Ors. .…. Respondent(s) Through: Mr. Dheeraj Choudhary, Advocate. CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 05.08.2025 1. This petition, under Article 226 of Constitution of India, filed by the Union Territory of J&K and two others is directed against an order and judgment dated 26.07.2024 passed by the Central Administrative Tribunal, Jammu (“the Tribunal”) in OA No. 1863/2021, whereby the Tribunal has allowed the petition filed by the respondents and awarded an interest at the rate of 7% per annum for the delayed payment of pensionary benefits. The impugned order is assailed by the petitioners primarily on the ground that the Tribunal has not appreciated that the delay in disbursement of the pensionary benefits in favour of the respondents was procedural and not attributable to the petitioners and therefore, the petitioners ought not to have been burdened with the payment of interest. 2. Having heard learned counsel for the parties and perused the record, we are of the considered opinion that the judgment impugned passed Serial No. 15 2 WP(C) No. 2452/2024 by the Tribunal is legally and factually correct and does not call for any interference by us in these proceedings 3. Admittedly, the pensionary benefits, which ought to have been released in favour of the respondent immediately on superannuation, were released after three to five years’ delay. It is true that the delay may be procedural, but the same can also be not attributed to the respondents. They having served, the respondents were entitled to be paid their pensionary benefits immediately upon retirement. Since the money which they would have received upon superannuation was delayed from three to five years, as such, they were required to be compensated by payment of reasonable interest. 4. Since, no specific fault has been attributed to the petitioner, as such, the Tribunal has not awarded any penal interest. The interest awarded is only compensatory in the given circumstances, award of 7% interest per annum on the delayed payment of pensionary benefits can neither be termed as exorbitant nor unreasonable. 5. For the foregoing reasons, we do not see any merits in this petition and the same is, accordingly, dismissed. (Sanjay Parihar) (Sanjeev Kumar) Judge Judge Jammu 05.08.2025 Vishal Sharma