Sham Lal v. Secretary, Dept Of Home, Pb. Govt. & ANR
! "#$% $ & '(
& )( $*+$+,-. ' /012 33+22* 4+56 /+ +,5+*578 $+35*0+* 0+8 9+50+* !6:; */+5 +3+*
!
#
$
& "
()
"
*
"
$
+
,
#
./ 0. ./00
#
$ '
$ $
1
4-% * )2 /( /3 03)3
1
05 /0 .//6 1 ,
'$ "
4-%
1
"
$
0. /5 .//6 0( /5 .//6
.//6
1
4-%
'
'
70.8 $ 20 /( 033)
0. /5 .//6
1$
./ 0. ./00
"
"
$
,
" $ ,
"
$
9
1
,
1 "
9
" ./ 0. ./00
'
:
$$
;
-
-
$
< '$ "
: <
4-% 1
< 9 #
< $
$
' &
"/++04**+ 57 */+5
'= * 0>)6( .//0?:@A ./ 00 ./02
$
$
> In my opinion, even if the assertion made in the written statement is presumed to be correct it would not disentitle the petitioner for claiming interest. The jurisprudential basis for grant of interest is the fact that one person's money has been used by somebody else. It is in that sense rent for the usage of money. If the user is compounded by any negligence on the part of the person with whom the money is laying it may result in higher rate because then it can also include the component of damages (in the form of interest). In the circumstances, even if there is no negligence on the part of the State it cannot be denied that money which rightly belonged to the petitioner was in the custody of the State and was being used by it. In the circumstances, I hold the petitioner entitled to interest @ 8% p.a.
on the delayed payment of retiral benefits. The interest will become due w.e.f. 01.05.2000. Let the interest on the above components i.e. gratuity, arrears of pension and leave encashment be computed @ 8% p.a. from 01.05.2000 till the date of payment and the same be released to the petitioner within a period of two months from the date of receipt of a certified copy of this order, failing which, the petitioner would be entitled to claim the same with interest @ 9% p.a. Petition stands disposed of in the above terms. Since the main case has been decided, the pending civil miscellaneous application, if any, also stands disposed of.
$
!
"
"/++0<,+&635(
"
,
"
$
''
$<
$
"
0.8 *
$ "
70.8
"
+
$ ''
$ 20 /( 033)
0. /5 .//6
$ 352.8 & (
" $