High Court of Punjab and HaryanaCWP/9489/2015allowed

Gurmail Singh v. Punjab State Power Corp Ltd And ORS

2017-01-31Mr. Justice Arvind Singh Sangwan2 pages

CWP-9489-2015 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CWP-9489-2015 Date of decision : 31.01.2017 Gurmail Singh

...Petitioner

Versus

Punjab State Power Corporation Ltd. and others

...Respondents

CORAM: HON'BLE MR. JUSTICE KULDIP SINGH

Present:

Mr. V.K.Shukla, Advocate, for the petitioner.

Ms. Geeta Sharma, Advocate, for the respondents.

KULDIP SINGH J. (ORAL) The petitioner retired as Assistant Lineman on 28.02.2013 on attaining the age of superannuation from the Punjab State Power Corporation Ltd. The claim of the petitioner in the present petition is for interest on the delayed payment of retiral benefits. Learned counsel for the petitioner contends that as per affidavit of the Additional Superintendent Engineer (OP), Sub Urban Division, Punjab State Power Corporation Ltd., Moga, (Annexure P-3), Pension Payment Order, i.e., PPO No.34257 was issued on 25.03.2014, Commutation of Rs.1,11,974/- and Gratuity of Rs.2,42,081/- were released to the petitioner on 25.03.2014. After considering the length of service of the petitioner, i.e, from 05.01.1988 to 14.10.

1996, which was inadvertently not taken into the total length of service of the petitioner, amended Pension Payment Order was issued on 13.11.2014, Additional Commutation of Rs.54,866/- and Additional Gratuity of Rs.1,34,375/- were released to the petitioner on 13.11.2014. The delay in payment of retiral benefits was Virendra Singh Adhikari 2017.02.

CWP-9489-2015 -2explained on the ground that respondents took time due to pre-audit formalities and processing of pension and pensionary benefits by the different agencies.

After hearing learned counsel for the petitioner, I am of the view that the retiral benefits were required to be released on the date of retirement whatever may be the reason for delay in payment was there. As such, petitioner is entitled to interest at the rate of 9% per annum on the delayed payment of the retiral benefits starting from three months after the date of retirement till the date of actual payment to the petitioner. Petition is accordingly allowed.

(KULDIP SINGH) 31.01.2017 JUDGE adhikari Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No Virendra Singh Adhikari 2017.02.08 11:24 I attest to the accuracy and authenticity of this document High Court Chandigarh