CWP-19923 IN THE 316 Yogender Kumar Sharma Haryana State Agricultural Marketing Board and others CORAM: Present : HARPREET SINGH BRAR 1. of the Constitution of India with a prayer for issuance of a writ in the nature of mandamus directing the respondents for gratuity and commutation to the petitioner with interest of delayed payment as per Rule 79 of Haryana Civil Service (Pension) Rules, 2016 2. submits that the specific grievance of the addressed and the gratuity and commutation of pension has been released to him. However, she could not controvert the fact that the petitioner is entitled to interest on account of delayed payment of retiral benefits in vie Randhawa Supg. Engineer (Retd.) vs. State of Punjab 1998 (1) SCT 343 3. petitioner has since received the gratuity and commutation of pension, the petitioner deserves to be granted inte 1 19923-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Date of Decision: Yogender Kumar Sharma VERSUS Haryana State Agricultural Marketing Board and others HON'BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Ankur Kaushik, Advocate with Mr. Yuvraj, Advocate for the petitioner. Ms. Rajni Gupta, Addl. A.G., Haryana. **** HARPREET SINGH BRAR, J. (Oral) The present writ petition has been filed under Article 226/227 of the Constitution of India with a prayer for issuance of a writ in the nature mandamus directing the respondents for gratuity and commutation to the petitioner with interest of delayed payment as per Rule 79 of Haryana Civil Service (Pension) Rules, 2016 At the very outset, Ms. Rajni Gupta, submits that the specific grievance of the addressed and the gratuity and commutation of pension has been released to him. However, she could not controvert the fact that the petitioner is entitled to interest on account of delayed payment of retiral benefits in vie Randhawa Supg. Engineer (Retd.) vs. State of Punjab 1998 (1) SCT 343 Learned counsel for the petitioner submits that while the petitioner has since received the gratuity and commutation of pension, the petitioner deserves to be granted interest HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-19923-2024 Date of Decision: August 20, 2025 .....Petitioner VERSUS Haryana State Agricultural Marketing Board and others .....Respondent HARPREET SINGH BRAR , Addl. A.G., Haryana. The present writ petition has been filed under Article 226/227 of the Constitution of India with a prayer for issuance of a writ in the nature mandamus directing the respondents for releasing the retiral benefits of gratuity and commutation to the petitioner with interest of delayed payment as per Rule 79 of Haryana Civil Service (Pension) Rules, 2016. At the very outset, Ms. Rajni Gupta, Addl. A.G., Haryana submits that the specific grievance of the petitioner has been specifically addressed and the gratuity and commutation of pension has been released to him. However, she could not controvert the fact that the petitioner is entitled to interest on account of delayed payment of retiral benefits in view of A. S. Randhawa Supg. Engineer (Retd.) vs. State of Punjab 1998 (1) SCT 343. Learned counsel for the petitioner submits that while the petitioner has since received the gratuity and commutation of pension, the rest on account of the delayed , 2025 .....Petitioner .....Respondents The present writ petition has been filed under Article 226/227 of the Constitution of India with a prayer for issuance of a writ in the nature benefits of gratuity and commutation to the petitioner with interest of delayed payment Addl. A.G., Haryana petitioner has been specifically addressed and the gratuity and commutation of pension has been released to him. However, she could not controvert the fact that the petitioner is entitled S. Learned counsel for the petitioner submits that while the petitioner has since received the gratuity and commutation of pension, the on account of the delayed PUNEET CHAWLA 2025.08.21 14:44 I attest to the accuracy and integrity of this document CWP-19923 disbursement of this Co disbursement of pension and other benefits payable at retirement must be done in a timely manner. Any delay over a period of two months, qua the said disbursement would entitle the retired employee to claim interest on the amount due. Speaking “9. Since a Government employee on his retirement becomes immediately entitled to pension and other benefits in terms of the Pension Rules, a duty is simultaneously cast on the State to en disbursement of pension and other benefits to the retirer in proper time. circumstances of each case but normally it would not exceed two months from the date of retirement down by the Apex the State commits any default in the performance of its duty thereby denying to the retiree the benefit of the immediate use of his money, there is no gainsaying the fact that he and, in our opinion, the interest for the period of delay on the amount as was due to him on the date of his retirement. Again, as to what should be the rate of interest, it should, circumstances of a particular case warrant the payment of a higher rate which may extend to even 18%. Reliance in this regard may also be by the Hon SCC 44 and 4. perusing the record with their able assistance, there has been petitioner, and the same is entirely attributable to Corporation. 5. a direction to the respondent 2 19923-2024 disbursement. He places reliance on the judgment ourt in A.S. Randhawa (supra) disbursement of pension and other benefits payable at retirement must be done in a timely manner. Any delay over a period of two months, qua the said disbursement would entitle the retired employee to claim interest on the t due. Speaking through Justice N.K. Sodhi, the following was held: 9. Since a Government employee on his retirement becomes immediately entitled to pension and other benefits in terms of the Pension Rules, a duty is simultaneously cast on the State to en disbursement of pension and other benefits to the retirer in proper time. As to what is proper time will depend on the facts and circumstances of each case but normally it would not exceed two months from the date of retirement down by the Apex Court in M. Padmanabhan Nair's case (supra). If the State commits any default in the performance of its duty thereby denying to the retiree the benefit of the immediate use of his money, there is no gainsaying the fact that he in our opinion, the only way to compensate him is to pay him interest for the period of delay on the amount as was due to him on the date of his retirement. Again, as to what should be the rate of interest, it should, in our view, be circumstances of a particular case warrant the payment of a higher rate which may extend to even 18%.” Reliance in this regard may also be placed on the judgments by the Hon’ble Supreme Court in S.K. Dua vs. State of Haryana (2008) 3 and State of Kerala vs. M. Padmanabhan Nair (1985) 1 SCC 429. Having heard the learned counsel for the perusing the record with their able assistance, has been a considerable delay in releasing petitioner, and the same is entirely attributable to Corporation. In the view of the above, the present petition is a direction to the respondents/competent authority to pay judgment rendered by a Full Bench (supra) wherein it was opined that disbursement of pension and other benefits payable at retirement must be done in a timely manner. Any delay over a period of two months, qua the said disbursement would entitle the retired employee to claim interest on the Justice N.K. Sodhi, the following was held: 9. Since a Government employee on his retirement becomes immediately entitled to pension and other benefits in terms of the Pension Rules, a duty is simultaneously cast on the State to ensure the disbursement of pension and other benefits to the retirer in proper As to what is proper time will depend on the facts and circumstances of each case but normally it would not exceed two months from the date of retirement which time limit has been laid in M. Padmanabhan Nair's case (supra). If the State commits any default in the performance of its duty thereby denying to the retiree the benefit of the immediate use of his money, there is no gainsaying the fact that he gets a right to be compensated only way to compensate him is to pay him interest for the period of delay on the amount as was due to him on the date of his retirement. Again, as to what should be the rate of our view, be generally 12% unless the circumstances of a particular case warrant the payment of a higher ”(emphasis added) placed on the judgments rendered S.K. Dua vs. State of Haryana (2008) 3 ate of Kerala vs. M. Padmanabhan Nair (1985) 1 SCC 429. heard the learned counsel for the parties and after perusing the record with their able assistance, it transpires that admittedly, delay in releasing the retiral dues to the petitioner, and the same is entirely attributable to the respondent In the view of the above, the present petition is disposed of with /competent authority to pay an interest at the rendered by a Full Bench wherein it was opined that disbursement of pension and other benefits payable at retirement must be done in a timely manner. Any delay over a period of two months, qua the said disbursement would entitle the retired employee to claim interest on the 9. Since a Government employee on his retirement becomes immediately entitled to pension and other benefits in terms of the sure the disbursement of pension and other benefits to the retirer in proper As to what is proper time will depend on the facts and circumstances of each case but normally it would not exceed two s been laid in M. Padmanabhan Nair's case (supra). If the State commits any default in the performance of its duty thereby denying to the retiree the benefit of the immediate use of his money, gets a right to be compensated only way to compensate him is to pay him interest for the period of delay on the amount as was due to him on the date of his retirement. Again, as to what should be the rate of 12% unless the circumstances of a particular case warrant the payment of a higher rendered S.K. Dua vs. State of Haryana (2008) 3 parties and after it transpires that admittedly, to the the respondent- with at the PUNEET CHAWLA 2025.08.21 14:44 I attest to the accuracy and integrity of this document CWP-19923 rate of 7.5% p.a benefits i.e. gratuity and commutation of pension, which shall be computed from the date of his retirement till the date of release of the rate of in terms of the judgments on account of delayed disbursement, date of receiving the certified copy of this order. 6. disposed of. August 20, 2025 P.C 3 19923-2024 rate of 7.5% p.a on the amount released to the petitioner towards benefits i.e. gratuity and commutation of pension, which shall be computed the date of his retirement till the date of release of the rate of in terms of the judgments A.S. Randhawa on account of delayed disbursement, within a period of date of receiving the certified copy of this order. Pending miscellaneous application(s), if any, shall also stands disposed of. , 2025 Whether speaking/reasoned. : Whether Reportable. : the amount released to the petitioner towards retiral benefits i.e. gratuity and commutation of pension, which shall be computed the date of his retirement till the date of release of his retiral benefits at . Randhawa and S.K. Dua (supra) within a period of two months from the date of receiving the certified copy of this order. lication(s), if any, shall also stands (HARPREET SINGH BRAR) JUDGE Yes/No Yes/No retiral benefits i.e. gratuity and commutation of pension, which shall be computed at (supra), months from the lication(s), if any, shall also stands (HARPREET SINGH BRAR) PUNEET CHAWLA 2025.08.21 14:44 I attest to the accuracy and integrity of this document