Jaspal Kaur v. The Secretary Local Self-Government Punjab Government Chandigarh And ORS

CWP No.1981 of 2015 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWPNo.1981 of 2015 DECIDED ON: February 12, 2018 JASPAL KAUR ..PETITIONER

VERSUS

THE SECRETARY, LOCAL SELF- GOVT.

..RESPONDENTS PB. GOVT., CHANDIGARH AND OTHERS CORAM: HON'BLE MR. JUSTICE JASPAL SINGH

Present:

Mr. Pankaj Bali, Advocate, for the petitioner.

Ms. Sudeepti Sharma, Additional Advocate General, Punjab. Mr. Aman Sharma, Advocate, for respondents No.4 and 5.

***** JASPAL SINGH, J.

By virtue of instant writ petition preferred under Article 226/227 of the Constitution of India, petitioner has sought issuance of a writ in the nature of mandamus, directing the respondents to release the retiral benefits, which have been withheld by them since 31.05.2014 without assigning any reason as well as to pay arrears of retiral benefits along with interest @ 18% per annum, from the date of retirement i.e. 31.05.2014 till actual payment.

2.

During the course of arguments, it has emerged that all the retiral benefits have been released to the petitioner during the pendency of instant petition. However, interest on the delayed payment has not been paid. There is a considerable delay in making the payment of the aforesaid Sonika 2018.02.15 17:03 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.1981 of 2015 [2] benefits, which cannot be attributed to the petitioner. Rather, the delay appears to have occurred on account of omission on the part of the respondents. The only relief now, which the petitioner claims is with regard to interest on delayed payment.

3.

Instant petition is disposed of with the direction to respondents No. 4 and 5 to calculate and make the interest @ 9% per annum on the delayed payments, after expiry of three months from the date of retirement till the actual payments, within a period of three months from the date of receipt of a certified copy of this order.

4.

However, if the petitioner still feels aggrieved of the order passed by the concerned authority, he shall be at liberty to have recourse to the other remedies available to him as well as to approach this Court. February 12, 2018 (JASPAL SINGH) sonika JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No Sonika 2018.02.15 17:03 I attest to the accuracy and authenticity of this document Chandigarh