Ram Raspal Kakkar v. State Of Punjab And Another

CWP-19796-2023 (O&M) - 1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-19796-2023 (O&M) Date of decision: 05.02.2025 Ram Raspal Kakkar ....Petitioner

Versus

State of Punjab and Another

...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. Samrat Malik, Advocate for the petitioner 




  

 





 


***** AMAN CHAUDHARY, J. (ORAL) 1.

The prayer made in the present petition is for directing the respondents to release gratuity with interest. 2.

Learned counsel submits that the petitioner though was retired on 28.02.2015 and two charge sheets pending against him, were dropped on 13.05.2015 and 28.09.2017, however, the gratuity has now been released on 18.04.2024 and the reason that has been given for the delay merely is that the No Objection Certificate was issued on 15.01.2024, cannot be said to be a ground to deny the petitioner, his dues.

3.

Hon'ble the Supreme Court in the case of The State of Andhra Pradesh and another vs. Smt. Dinavahi Lakshmi Kameswari, SLP (C) No.12553 of 2020, decided on 08.02.2021, wherein on account of deferred salaries and pensions, interest at the rate of 6% per annum was granted, reduced the same

CWP-19796-2023 (O&M) - 2from 12% as granted by the High Court. 4.

Stressing on the importance of granting pension, Hon'ble the Supreme Court in State of Kerala vs. M. Padmanabhan Nair, (1985) 1 SCC 429, held that, "Pension and gratuity are no longer any bounty to be distributed by the Government to its employees on their retirement but have become, under the decisions of this Court, valuable rights and property in their hands and any culpable delay in settlement and disbursement thereof must be visited with the penalty of payment of interest at the current market rate till actual payment."  

  


  



  



  


  




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CWP-19796-2023 (O&M) - 37.

In view of the aforesaid, the present petition stands disposed of by directing the respondents to pay the interest to the petitioner at the rate of 6% per annum on amounts from the date it becomes due till actual date of payment. Needful be done within a period of three months. (AMAN CHAUDHARY) JUDGE 05.02.2025 M.Kamra Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No