Kamlesh Kumari v. State Of Punjab And ORS
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of Decision: 22.09.2023 Kamlesh Kumari
...Petitioner
Vs.
State of Punjab and others
...Respondents
CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Present
Mr. Vijay Sharma, Advocate for the petitioner. Mr. Vishnav Gandhi, DAG, Punjab.
*** SANJEEV PRAKASH SHARMA, J.(Oral) 1.
The petitioner by way of this petition has prayed for releasing of her dues which includes salary, gratuity, pension and has also claimed interest on the said amount at the rate of 18% per annum. 2.
Reply has been filed by the respondents, wherein, it has been submitted that the petitioner superannuated on 31.12.2012. Before her retirement, she was sent a letter on 26.10.2012, to handover documents necessary for processing her pension, gratuity case and also to handover the charge of her seat, but she neither submitted the necessary documents nor did she hand over the charge. Reminders were sent to her on 28.12.2012, 31.12.2012, 06.05.2013, 09.05.2013, 22.05.2013, 03.06.2013 and 18.12.2013. However, on account of her failure to submit the necessary documents, the pension and gratuity case could not be prepared and that the delay is at her level. It has also been stated that an amount of Rs.3,27,000/- was released on account of leave encashment (which includes Rs.8,100/- in
excess) on 30.05.2013, gratuity amount after calculation and submission of papers was released on 13.05.2013.
3.
In order to ascertain the exact dates on which the payments have been released, the respondents were asked to submit an affidavit and in compliance thereto, an affidavit has been filed, wherein specific dates on which payments were released, have been mentioned. Para Nos.3 and 4 of the affidavit are quoted as under:- "That in compliance of the above stated order dated 20.04.2022, it is submitted that the pensionary benefits have been paid to the petitioner as follows:- Sr. No.
Benefit Amount Date of Payment 1.
Pension Rs.6,59,460/- 19.01.2017 2.
Gratuity Rs.4,43,977/- 07.05.2015 3.
Leave Rs.3,27,000/- 13.05.2013 encashment 4.
Salary Rs.9,62,315/- 24.10.2017
4. That it is further submitted that the details of payment of salary amount of Rs.9,62,315/- is as follows:- Sr.
Time Basic Salary No. of Total Period Pay (Basic+DA+HRAmonths No.
salary MA-RRA) 1.
4/2009 12065 21464 85,856/- to 7/2009 3.
8/2009 17380 25035 1,25,175/- to
12/2009 4.
1/2010 17380 26425 26,425/-0 5.
2/1010 17910 27194 1,35,970/- to 6/2010 6.
8/2011 18450 32603 1,63,015/- to 12/2011 7.
1/2012 18450 33895 33,895/- 8.
2/2012 19010 34909 1,74,545/- to 6/2012 9.
7/212 to 19010 36239 217434 12/212 4.
Thus, this Court is satisfied that even after the petitioner submitted her documents and pension papers, there has been a considerable delay in making payments of pension and arrears of pension as well as salary for the period w.e.f. 2009 till she retired. No reasons have come forward for not releasing the petitioner's salary for the period w.e.f. April, 2009 to December, 2012. The petitioner would, therefore, be entitled to receive interest at the rate of 9% per annum on the arrears of salary paid to the petitioner as indicated above in the table. So far as pension, gratuity and leave encashment is concerned, it is noticed that the pension papers have been submitted somewhere in the month of December, 2013, after the last letter has been issued to the petitioner on 18.12.2013. Thus, the interest at the rate of 9% per annum would be payable from January, 2014 till the date of payment for pension and gratuity. However, for leave encashment for which no documents are required, interest shall be paid from January, 2013 upto
30.05.2023 i.e. the date when payment in respect thereto was made. The writ petition is accordingly disposed of. The exercise shall be completed within a period of three months.
5.
All pending misc. application(s) also stand disposed of. (SANJEEV PRAKASH SHARMA) JUDGE 22.09.2023.
rajesh
1. Whether speaking/reasoned?
:
Yes/No
2. Whether reportable?
:
Yes/No