High Court of Punjab and HaryanaCWP/29896/2018disposed of

Baljeet Singh And Another v. State Of Haryana And ORS

2018-11-27Mr. Justice Arun Palli2 pages

CWP-29896-2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-29896-2018 Date of decision: - 27.11.2018 Baljeet Singh and another ....Petitioners

Versus

State of Haryana and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Mohnish Sharma, Advocate for the petitioners.

**** HARSIMRAN SINGH SETHI , J. (ORAL) Present writ petition has been filed by the petitioners seeking the interest on the delayed release of the benefits as directed by this Court on 13.06.2016 while deciding CWP No.5118 of 2009. Counsel for the petitioners states that a direction was given by the above-said order to re-fix the pay-scale of the petitioners and release the arrears as well. By the time when the order was passed, the petitioners were in service. Petitioner No.1 retired from service on 30.11.2014 and petitioner No.2 is still in service. The prayer is that for the inordinate delay in implementing the order passed by this Court, by which the petitioners were entitled for the monetary benefits, the petitioners are also entitled for the interest.

NARESH KUMAR 2018.12.07 10:46 I attest to the accuracy and integrity of this document Chandigarh

CWP-29896-2018 -2Petitioners in the present writ petition only seek interest from September 12, 2012 onwards and not from the date prior to the passing of the said order.

During the course of the hearing, counsel for the petitioners states that they have given a representation dated 19.03.2018 (Annexure P-4) to the respondents for the grant of interest on the delayed payment. In the said representation, it has been mentioned that even though the petitioners was entitled for re-fixation of the pay and arrears as far back as on 12.09.2012, the payments were only made in July/September, 2017. Therefore, the amount being paid to the petitioners in pursuance to the order passed by this Court in CWP No.5118 of 2009, decided on 13.06.2016, the interest should also be paid from the date of decision of this Court only.

Without commenting upon the claim of the petitioners or their entitlement, the present writ petition is disposed of with the direction to the respondents to pass appropriate speaking order, on the claim which the petitioners have raised by representation dated 19.03.2018 (Annexure P-4), within a period of three months from the date receipt of certified copy of this order.

( HARSIMRAN SINGH SETHI ) November 27, 2018 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2018.12.07 10:46 I attest to the accuracy and integrity of this document Chandigarh