CWP-4791-20 IN 220 Harmander Sin State of Punjab CORAM: H Present : M M M AMAN CHAU 1. Pr letter/reply dat on 31.12.2015 been rejected a of the reply, w S. No. 1. 2. 3. 4. 2. Le on the amount which learned laid down. 2018 IN THE HIGH COURT OF PU AT CHANDIGAR CW Dat der Singh Versus Punjab and others HON'BLE MR. JUSTICE AMA ***** Mr. Padam Kant Dwivedi, Advoc Ms. Mansi, Advocate for the petit Mr. Amarpreet Singh Bains, AAG ***** CHAUDHARY, J. (Oral) Prayer made in the present petitio ly dated 11.01.2018 vide which claim .2015, for interest on the delayed pa ected as payments were released as per ply, which reads thus:- Details Bill No./Date Token No./Date GPF 120/23.05.16 2554/24 DCRG 89/25.4.17 90/25.4.17 1454/26 1455/26 Earned leave 22/17.4.17 554/9.10.17 675/17.4 9908/12 GIS 140/25.5.16 2776/26 Learned counsel for the petitioner mounts paid after 3 months of retirem arned State counsel has not been abl 1 F PUNJAB & HARYANA IGARH CWP-4791-2018 (O&M) Date of decision: 08.01.2025 ...Petitioner ...Respondents AMAN CHAUDHARY **** dvocate and e petitioner. , AAG, Punjab. petition for quashing the impugned claim of the petitioner, who retired yed payment of retiral benefits has as per the table reproduced in para 3 ken o./Date Amount Date of passing 54/24.5.16 10,10,497/- 5.7.16 54/26.4.17 55/26.4.17 6,72,177/- 19470/- 16.5.17 16.5.17 5/17.4.17 08/12.10.17 3,73,920/- 45260/- 21.4.17 20.11.17 76/26.5.16 17216/- 5.7.16 titioner, on instructions, submits that retirement, he is entitled for interest, en able to refute in view of the law gned tired has 3 that rest, law ASHOK KUMAR 2025.01.09 14:51 I attest to the accuracy and integrity of this document CWP-4791-20 3. H Padmanabhan bounty to be retirement but rights and prop disbursement t at the current m 4. G Punjab and indisputable th most equitably of superannua exists. Full Be the retirement to pension and ensure disburse two months. F Similarly in interest to “re petitioner but w 5. Th entitles the pet 1 (1985) 1 SCC 2 1997(3) SCT 3 2001 (9) SCC 4 2014(13) RCR 2018 Hon’ble the Supreme Court in abhan Nair1 reiterated that “Pension to be distributed by the Governmen nt but have become, under the deci d property in their hands and any cu ment thereof must be visited with the rrent market rate till actual payment.” Given the authoritative rulings in and others2, and Vijay L. Mehro able that a retiree is entitled to compe uitably addressed through interest on rannuation, particularly when no val ull Bench of this Court in A.S. Rand ement of a government employee trig on and related benefits, placing a statu isbursement within a reasonable timef ths. Failure to do so entitles the retire n J.S. Cheema vs. State of Hary to “rent for the usage of money” th r but was unjustly retained and utilized The delay in releasing the pension he petitioner to interest thereon, as co 1 SCC 429 ) SCT 468 ) SCC 687 3) RCR (Civil) 355 2 ourt in State of Kerala vs. M. nsion and gratuity are no longer any ernment to its employees on their e decisions of this Court, valuable ny culpable delay in settlement and th the penalty of payment of interest ent.” ngs in A.S. Randhawa vs. State of Mehrotra vs. State of UP3, it is compensation for delayed payments, st on the due amount from the date no valid justification for the delay Randhawa (supra) emphasized that ee triggers an immediate entitlement a statutory obligation on the State to timeframe, typically no longer than retiree to compensation via interest. Haryana4, the court likened such ey” that rightfully belonged to the utilized by the State. ensionary benefits, a cherished right, as compensation for being deprived M. any their able t and erest te of it is ents, date elay that ment te to than erest. such the , rived ASHOK KUMAR 2025.01.09 14:51 I attest to the accuracy and integrity of this document CWP-4791-20 of the funds, w serving as repa 6. In directing the re per annum on having retired within a period 08.01.2025 ashok Whether Whether 2018 nds, which the respondents wrongfully as reparation rather than a penalty. In view of the above, the present the respondents to pay the interest to m on amounts that were released aft retired on attaining the age of supe period of three months. hether speaking/reasoned : hether reportable : 3 ngfully withheld and benefited from, resent petitions stand disposed of by rest to the petitioner at the rate of 6% sed after 3 months of the petitioner f superannuation. Needful be done (AMAN CHAUDHARY) JUDGE : Yes / No : Yes / No rom, f by f 6% ioner done ASHOK KUMAR 2025.01.09 14:51 I attest to the accuracy and integrity of this document