Judgment:
IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH LPA No.514 of 2013 (O&M) Date of Decision :
01. 07.2013 Jai Kishan .........Appellant Versus State of Haryana & others .....Respondents CORAM : HON'BLE Mr.JUSTICE SURYA KANT HON'BLE Mr.JUSTICE SURINDER GUPTA Present : Mr.Hari Om Sharma, Advocate for the appellant.
Mr.S.S.Patter, Sr.DAG, Haryana.
**** SURYA KANT, J.
(ORAL) C.M.No.1353 of 2013 Notice of this application.
Mr.S.S.Patter, Sr.DAG, Haryana accepts notice.
Having heard the learned counsel for the parties and keeping in view the fact that the applicant-appellant had earlier filed a review application, which was disposed of as infructuous on 18.10.2012 and thereafter the present appeal has been preferred, we allow this application and condone the delay of 155 days in filing the appeal.
LPA No.514 of 2013 The appellant seeks modification of the orders dated 01.06.2012 and 18.10.2012 passed by the learned Single Judge, and a further direction to the respondents to pay interest to him on delayed payment of retiral benefits.
The facts are not in dispute.
The appellant retired from the post LPA No.514 o”
2. of Head Cashier, Haryana Roadways on 31.3.2010.
As payment of his retiral benefits was delayed, he approached this Court by filling CWP No.4318 of 2012.
That writ petition was disposed of as infructuous, on the basis of statement made by State counsel on 1.6.2012, when the following order was passed :- “Counsel for respondents, on instructions from Joginder Singh, Ticket Verifier, O/o General Manager, Haryana Roadways, Rohtak, states that Rs.1,80,980/- was released to the petitioner in March, 2010 on account of leave encashment, Rs.7,28,852/- on account of GPF was released to the petitioner on 20.4.2012 and an amount of Rs.2,64,524/- as gratuity was released on 2.2.2011 to the petitioner.
The Pension Payment Order has also been prepared on 5.1.2011, according to which the petitioner has been released pension also.
This fact is not admitted by the counsel for the petitioner.
However, in the light of the statement made by the counsel for the State, the present petition has been rendered infructuous.
Ordered accordingly.”
The appellant then moved an application in the decided writ petition inter alia pointing out that some of the payments were yet to be made to him.
His application was also disposed of as infructuous by the learned Single Judge on 18.10.2012, in the following terms :- “In the light of the reply which has been filed by the respondents and as admitted by the counsel for the applicant- petitioner that all the payments have been made to him and the remaining amount of Rs.2,70,000/- is to be paid to the petitioner on 25.10.2012, the present application has been rendered infructuous.
Disposed of as infructuous.”
LPA No.514 o”
3. As the facts speak for themselves, most of the retiral benefits have been released to the appellant on 20.3.2012 or in October, 2012.
No fault has been attributed to the appellant for the delay.
If that is so, he would certainly be entitled to claim interest on the delayed payments.
Consequently, the appeal is allowed to the extent that the appellant is held entitled to interest @ 7% per annum with effect from 01.07.2010 till the actual payment of retiral benefits.
The arrears of interest shall be paid within a period of four months from the date of receipt of certified copy of this order.
(SURYA KANT) JUDGE 01 07.2013 (SURINDER GUPTA) 'sp' JUDGE