Back
JASGURPREET SINGH PURI
Suresh Kumar – Appellant
Versus
Haryana Vidyut Prasaran Nigam (HVPN) – Respondent
JUDGMENT
Mr. Jasgurpreet Singh Puri, J. (Oral)
The present writ petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of mandamus directing the respondents to count daily wages services from 09.02.1982 to 01.10.1992 for the purpose of retrial benefit and after counting the daily wages services, the pensionary benefits i.e. gratuity, leave encashment and commutation of pension and arrear of pension be released with 18% interest per annum from the date of his retirement i.e. 31.01.2021.
2. Learned counsel for the petitioner submitted that the petitioner had retired as AFM on 31.01.2021 from the respondent-Nigam and after his retirement i.e. on 22.02.2021, the petitioner requested the respondent-Nigam to count the daily wages service rendered by him from 09.02.1982 to 01.10.1992 for the purpose of pensionary and retrial benefits in accordance with the settled law. He further submitted that thereafter, the respondent-Nigam, who was otherwise also under a legal obligation to have counted the daily wages service in accordance with the settled law kept on delaying the matter and ultimately, the retrial benefits were paid to him
The court ruled that an employee is entitled to interest on delayed pensionary benefits due to employer's failure to process claims timely, establishing a duty to adhere to settled law.
Delay in releasing retrial benefits entitles the retiree to interest, as established by precedent.
Government employees are entitled to interest on delayed retirement benefits when payments are unjustifiably withheld, as established by precedent.
Public servants are entitled to interest on delayed payment of retiral benefits if the delay is attributable to the State.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
