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HARSIMRAN SINGH SETHI
Ishwar Devi Chand – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Harsimran Singh Sethi, J. (Oral) -
CM-2820-C-2004
1. As prayed for, application is allowed.
RSA-1137-2004
2. Present regular second appeal has been filed challenging order dated 11.11.2003 passed by the Lower Appellate Court by which, judgment and decree dated 19.07.2000 of the trial Court by which, relief of interest on the delayed release of pensionary benefits was granted to the appellantplaintiff, has been set aside and the claim of the appellant for the grant of interest on the delayed release of the financial benefit has been declined.
3. In the present regular second appeal prayer of the appellantplaintiff is that she is entitled for the grant of interest on the delayed release of the pensionary benefit to her by the respondent-department and the judgement and decree of the Lower Appellate Court be set aside.
Certain facts need to be mentioned herein so as to appreciate the controversy in a correct perspective.
4. The appellant-plaintiff retired on attaining the age of superannuation on 30.06.1996 but it is a conceded position that pensionary benefits were paid to her by the respondent-department starting from January, 1998 onwards. It is also a conceded position that ther
Entitlement to interest on delayed release of pensionary benefits and arrears of salary based on the established legal principles.
An employee is entitled to interest on delayed release of pensionary benefits as per the settled legal principles.
Interest on delayed release of pensionary benefits can only be paid if the benefits were withheld without valid justification and without fault on the part of the employee.
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