IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

243 CWP-5006-2024 Date of Decision: 13.05.2026 Sheo Chand ....Petitioner VERSUS Haryana Vidyut Prasaran Nigam Ltd And Ors ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. B.K. Bagri, Advocate for the petitioner.

Mr. Pradeep Bhandari, Advocate, Mr. Bharat Bhandari, Advocate, Mr. Vinay Yadav, Advocate and Mr. Sushil K. Bhardwaj, Advocate for the respondents.

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HARPREET SINGH BRAR , J. (Oral)

1. The present petition has been filed under Article 226/227 of the Constitution of India praying for issuance of a writ in the nature of mandamus directing the respondents to pay interest @ 12% per annum on the delayed payment of retiral benefits, namely: gratuity amounting to Rs. 5,22,546/- and Rs. 1,53,690/-, paid on 11.02.2020; commutation amounting to Rs. 7,55,399/-, paid in December, 2018; and arrears of pay amounting to Rs. 1,87,530/- for the period from 01.09.2007 to 31.08.2018, which were released after the retirement of the petitioner in the year 2019 without payment of any interest, contrary to the Government of Haryana Instructions dated 20.02.2002 (Annexure P-7), the judgment of the Hon’ble Apex Court in Vijay L. Mehrotra versus State of U.P. and others, and the judgment dated 20.07.2001 passed by the Division Bench in Mehar Chand Gupta versus State of Haryana and others, CWP-14830-2000

2. Learned counsel for the petitioner, inter alia, submits that the petitioner is only seeking interest on account of delay in the release of retiral dues. The petitioner admittedly retired on 31.08.2018 and approached this Court by filing CWP No. 19448 of 2019 seeking the benefit of the past service rendered on a work-charged basis for calculating the qualifying service for pension, which was disposed of on 19.07.2019 (Annexure P-3). Thereafter, the petitioner filed COCP No. 4018 of 2019. Thus, the position remains uncontroverted that the petitioner received his retiral benefits after a considerable delay, and his case is covered by the instructions dated 20.02.2002 (Annexure P-7), which provide that an employee is entitled to interest @ 12% per annum on account of delay in the release of retiral benefits beyond three months from the date of retirement.

2.1. Learned counsel for the petitioner further refers to the written statement filed on behalf of respondents No. 1 to 3 and submits that the delay has been acknowledged therein, and the exact dates of release of retiral dues have also been mentioned. He further submits that the claim of the petitioner is being opposed only on the ground that the petitioner approached this Court after a delay of more than four years. However, the petitioner had approached this Court on 19.07.2019 by filing CWP No. 19448 of 2019 and thereafter filed COCP No. 4018 of 2019. As such, there is no delay on the part of the petitioner in claiming his rightful entitlement.

3. Per contra, learned counsel for the respondent-Corporation is not in a position to controvert the fact that there was a delay in the release of the retiral dues of the petitioner. However, he submits that the petitioner retired on 31.08.2018, whereas the present writ petition has been filed in the year 2024. As such, according to him, the petitioner is not entitled to any interest.

4. Having heard the submissions advanced by learned counsel for the parties and upon perusal of the record with their able assistance, it transpires that the petitioner retired as Assistant Foreman on 31.08.2018 from the office of respondent No.3. The amount of gratuity and commutation of pension was paid in the month of December, 2018. However, the petitioner was not granted the benefit of past service rendered as a daily wager for the purpose of counting qualifying service towards pensionary benefits, which compelled him to file CWP No. 19448 of 2019, which was disposed of on 19.07.2019 (Annexure P-3). However, the respondents failed to comply with the directions issued by this Court, thereby c