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High Court of Punjab and HaryanaCWP/9365/2016allowed

Mahinder Singh v. State Of Punjab & ORS

2016-09-30Mr. Justice Arvind Singh Sangwan2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 9365 of 2016 (O/M) Date of decision : 30.9.2016 Mahinder Singh ....... Petitioner (s)

Versus

State of Punjab and others ....... Respondent (s) CORAM :

HON'BLE MR. JUSTICE KULDIP SINGH Present:- Mr. O.S. Batalvi, Advocate, for the petitioner. Mr. P.S. Ghuman, Additional A.G. Punjab.

1.

Whether the Reporters of local newspaper may be allowed to see the judgment ?

2.

To be referred to the Reporter or not.

3.

Whether the judgment should be reported in the digest ? -.- -.- KULDIP SINGH J. (ORAL) The short prayer in the present writ petition is for grant of interest on the delayed payment of GPF.

The petitioner retired as a Constable from the police department on 31.5.2015. The GPF amounting to Rs. 20,38,031/- was released to the petitioner only on 11.2.2016.

The respondents have filed reply in Court today, which is taken on record. In the reply, the respondents have tried to explain the delay by stating that the petitioner was working in Vigilance Bureau, Punjab, Chandigarh, at that time and the information regarding refundable and non refundable advances, withdrawn by the petitioner, was sought from the different departments and, thereafter the bill was submitted to the treasury for making the payment to the petitioner, which was passed by respondent No. 4 on 11.2.2016 and the same was transferred in the bank account of the petitioner.

CWP No. 9365 of 2016 (O/M) -2I am of the view that after the retirement of an employee, the employer has three months' time to complete all the formalities and if the same is not done, then the department is liable to pay the interest on the delayed payments. Therefore, the department should have completed all these proceedings till 31.5.2015, which was not done. Therefore, effective from 1.9.2015, the respondents shall pay interest at the rate of 9% per annum on the delayed payment of GPF till actual payment released on 11.2.2016.

The present writ petition is allowed.

(KULDIP SINGH) JUDGE 30.9.2016 sjks Whether speaking / reasoned :

Yes Whether Reportable :

No