Jagbhushan v. State Of Punjab & ORS.

2023:PHHC:062659 In the High Court of Punjab and Haryana, at Chandigarh Civil Writ Petition No. 16254 of 2016 Date of Decision: 02.05.2023 Jagbhushan ... Petitioner(s)

Versus

State of Punjab and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Vipin Mahajan, Advocate for the petitioner(s).

Mr. D.K.Singal, Additional Advocate General, Punjab, for the respondents.

Anil Kshetarpal, J.

1.

The learned counsel representing the petitioner admits that in view of the various interim orders passed by the court, the service book of the petitioner has been reconstructed and retiral benefits except the arrears for the suspension period from 01.07.2006 to 31.10.2006 have been released. He further submits that the petitioner is entitled to interest on the delayed payment because there is a delay of approximately 10 years in releasing the payment which is not attributable to the petitioner. 2.

The learned State counsel submits that the petitioner retired on 31.08.2014 on attaining the age of superannuation and thereafter, sincere efforts have been made to reconstruct the lost service book of the petitioner. He submits that record from the various field offices, where the petitioner remained posted, was required to be gathered and the petitioner was also DEEPAK KUMAR BHARDWAJ 2023.05.04 10:53 I attest to the accuracy and integrity of this document involved in FIR No. 136 dated 25.07.2011, registered at Police Station

2023:PHHC:062659 Civil Writ Petition No. 16254 of 2016 Gurdaspur wherein he was acquitted on 09.11.2017. He further submits that the arrears with respect to the suspension period w.e.f. 01.07.2006 to 31.10.2006 shall be released within a period of one month, positively, from today.

3.

Keeping in view the facts of the present case particularly when the amount representing provisional pension, 90% amount of the gratuity and general provident fund was released in the year 2015, the present writ petition is disposed of by directing the respondents to pay interest @ 6% per annum on the balance payment w.e.f. the date the petitioner was acquitted till its payment.

(Anil Kshetarpal) Judge May 02, 2023 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2023.05.04 10:53 I attest to the accuracy and integrity of this document