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JASGURPREET SINGH PURI
Jagbir Singh – Appellant
Versus
State of Punjab – Respondent
JASGURPREET SINGH PURI, J.
1. The present writ petition has been filed under Articles 226/227 of the Constitution of India seeking a writ in the nature of mandamus directing the respondents to release the interest @18% per annum on the retirement dues which were paid to the petitioner about 3½ years after his retirement.
2. Learned counsel appearing on behalf of the petitioner submitted that the petitioner retired as Deputy Range Officer on 31.01.2017 and there was neither any disciplinary proceedings nor any judicial proceedings nor any other statutory proceedings of any kind against the petitioner. She submitted that in fact there were some complaints against the petitioner which were pending before the department and one complaint before the Vigilance Department but there were neither any criminal/judicial proceedings against the petitioner nor any departmental inquiry of any sort and all those complaints were even finally disposed of by the department itself. She submitted that even after the retirement of the petitioner in case the department wanted to exercise its power, the same could have been done under Rule 2.2 either under clause (a), (b) and (c) and the meaning of express
Pension is a constitutional right and cannot be withheld without lawful authority; delays in payment warrant interest.
The main legal point established is that delayed retirement benefits are subject to interest under the Constitution of India and the Payment of Gratuity Act, 1972.
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