Harbakhash Singh v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH **** CWP No.4195 of 2021 Date of Decision: 23.02.2021 Harbakhash Singh ..... Petitioner

Versus

State of Punjab and others ..... Respondents CORAM: HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

Present:

Mr. Nirmaljeet Singh Sidhu, Advocate for the petitioner.

MEENAKSHI I. MEHTA J. (ORAL) By way of the instant petition, the petitioner has sought the indulgence of this Court for issuance of a writ in the nature of mandamus directing the respondents to pay him the interest at the rate of 18% per annum, on account of the delayed payment of his retiral benefits amounting to Rs.16,91,991/- to him, while averring that he had superannuated on 28.02.2018 but his retiral/service benefits had not been released by the respondents in time and therefore, he was constrained to serve a legal notice dated 15.03.2019 (Annexure P-1) to the respondents in this regard and though the respondents have released his afore-said retiral benefits thereafter but they have not adjudicated his claim regarding the grant of interest on the said amount on account of the delay caused in its payment, as put-forth by him in para No.4 of his said legal notice. Notice of motion.

RITTU 2021.02.23 17:58 I attest to the accuracy and integrity of this document

CWP No.4195 of 2021 -2Mr. Nikhil K. Chopra, Addl. A.G, Punjab, who has appeared in this case in pursuance of the copies of this petition having been sent to the respondents-State in advance, accepts notice on behalf of all the respondents.

Heard.

Learned counsel for the petitioner submits that the petitioner would be satisfied in case a direction is issued to respondent No.3 to look into and decide his claim for grant of the interest to him due to the delayed payment of the said amount, as set forth in para No.4 of his said legal notice dated 15.03.2019 (Annexure P-1).

Learned State counsel has no objection for the same. Keeping in view the above-mentioned limited prayer of learned counsel for the petitioner and without commenting upon the merits of the matter in hand, the instant writ petition is hereby disposed of with a direction to respondent No.3-The Deputy Controller, (Finance and Accounts), to look into the said legal notice of the petitioner dated 15.03.2019 (Annexure P-1) and to decide/deal with the same to the limited extent of the afore-mentioned claim for the grant of interest, as made by the petitioner therein, strictly in accordance with law within a period of two months from the date of receipt of the certified copy of this order. This petition stands disposed of accordingly. (MEENAKSHI I. MEHTA) 23.02.2021 JUDGE rittu Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No RITTU 2021.02.23 17:58 I attest to the accuracy and integrity of this document