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2021 Supreme(P&H) 385

G.S.SANDHAWALIA
Tara Chand Tusamer – Appellant
Versus
State of Haryana – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Raman B. Garg, Ms. Gitanjali Chhabra.
Mr. Ashish Yadav.

JUDGMENT :

G.S. SANDHAWALIA, J.

1. Execution Application has been filed for enforcement of the order dated 22.05.2019 (Annexure A-1) whereby the petitioner was held entitled for the benefit of interest @ 9% per annum on the retiral dues from 01.03.2013. The calculation of the amount of interest was to be done within a period of two months and released to the petitioner one month thereafter.

2. It is not disputed that interest element of Rs. 1,50,876/- has already been paid to the petitioner vide order dated 26.12.2019 (Annexure R-1). The same is on account of delay in release of the Leave Encashment and Gratuity which was paid to the petitioner on 11.03.2014 and 05.12.2014 since the petitioner had retired on 28.02.2013.

3. The claim of the petitioner is for interest on account of the element of commutation of pension which was released to him on 05.12.2014, which has not been paid to him. A perusal of the order dated 15.06.2020 (Annexure A-2) would go on to show that the reason to deny interest on the said amount is that commutation is just like a loan given to the retired employee on the basis of 40% of the commutation balance and the same is to be deducted from the pension over a per

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