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2021 Supreme(Online)(P&H) 410

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MAST RAM – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 31.10.2025 MAST RAM ...... Petitioner VERSUS STATE OF PUNJAB AND OTHERS ...... Respondents CORAM : HON'BLE MR. JUSTICE DEEPINDER SINGH NALWA ***

Present :- Ms. Malika Sobti, Advocate for Mr. Gitish Bhardwaj, Advocate for petitioner.

Mr. Amarpreet Singh Bains, AAG, Punjab.

***

Deepinder Singh Nalwa, J. (Oral)

1. In the present writ petition, the petitioner has challenged the order dated 13.05.2019 (Annexure P-7), whereby the request made by the petitioner for grant of interest on the delayed payment of retiral benefits has been rejected.

2. Brief facts of the case are that the petitioner was initially appointed as JBT teacher on regular basis and was promoted on the post of S. S. Master on 21.11.1995. The petitioner retired on attaining the age of superannuation on 31.05.2017 after completing 33 years of service. Thereafter, the petitioner applied for grant of retiral benefits. An amount of Rs.40,41,925/- towards payment of retiral benefits was credited on

23.03.2018 but no interest on delayed payment was paid to the petitioner.

3. The petitioner submitted a representation dated 20.02.2018 (Annexure P-4) to the District Education Officer (Secondary), Roopnagar seeking interest on delayed payment of his retiral benefits.

4. As no action was taken on the said representation, the petitioner served a legal notice dated 10.05.2018 (Annexure P-5). Despite submission of the representation and serving legal notice, no interest on retiral benefits was given to the petitioner. As a result, petitioner filed CWP-13925 of 2018, which was disposed of vide order dated 01.03.2019 (Annexure P-6), directing the respondents therein to decide the representation of the petitioner within a period of 03 months.

5. In compliance to the order passed by this Court on 01.03.2019, the respondent No.2 passed an order dated 13.05.2019 (Annexure P-7) whereby, the request of the petitioner for grant of interest was rejected on the ground that he has given an undertaking in writing that due to non- tracing of his previous missing credit he was late to send the case of final payment of G.P.F., so due to this delay he will not demand any interest on G.P.F. payment after 31.05.2017.

6. Aggrieved against the above said order dated 13.05.2019 (Annexure P-7), the petitioner has filed the present writ petition praying for interest on delayed payment of retiral benefits.

7. Learned counsel appearing on behalf of the petitioner submits that there was a delay in releasing the retiral benefits to the petitioner, and as there was no fault of the petitioner, he is entitled for grant of interest on delayed payment of retiral benefits, @ 18% per annum, w.e.f. the date it was due to the petitioner till realization of retiral benefits.

8. Learned counsel for the respondents submits that all the retiral benefits were released to the petitioner within a reasonable time. He submits that in fact there was some delay in releasing the retiral benefits as the petitioner signed and submitted the relevant forms and documents on 27.07.2017. It is also the case of the respondent that in fact the petitioner himself has given in writing that he will not demand any interest accrued on GPF payment after 31.05.2017 due to the delay caused by him.

9. I have heard learned counsel for the parties.

10. The dates of release of retiral benefits are reproduced below:-

S.No. Name payment Amount Bill NO/Date Date of Encashment
1. GIS Rs.35412/- 53/ 26.09.2017 31.10.17
2. DCRG Rs.1000000 18/ 01.07.17 14.12.17
3. Leave Encashment Rs.509905/- 19/ 01.07.17 14.12.17
4. GPF Rs.2496608/- 61/ 02.11.17 23.03.18

11. A perusal of the above said chart would show that there was no inordinate delay in releasing the retiral benefits of the petitioner. A perusal of the facts of the case would show that the petitioner himself had submitted the necessary documents for the purpose of final payment of GPF on

27.07.2017, and the GPF was released on 23

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