Punjab-Haryana High Court
Nirmla Rani vs State Of Haryana And Ors on 10 January, 2017
Author: Kuldip Singh
Bench: Kuldip Singh
215
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No. 9793 of 2015 (O/M)
Date of decision : 10.1.2017
Nirmla Rani ....... Petitioner (s)
Versus
State of Haryana and others ....... Respondent (s)
CORAM : HON'BLE MR. JUSTICE KULDIP SINGH
Present:- Mr. D.S. Rawat, Advocate,f or the petitioner.
Mr. Naveen Sheoran, Deputy A.G. Haryana.
1. Whether the Reporters of local newspaper may be allowed to
see the judgment ?
2. To be referred to the Reporter or not.
3. Whether the judgment should be reported in the digest ?
-.- -.-
KULDIP SINGH J. (ORAL)
Shri Shashi Bhushan Sharma, Senior Librarian, Government College, Julana, Jind, retired from Government service on 31.3.2010. He is stated to have expired on 21.4.2010. His wife has filed the present writ petition, seeking the release of commutation of pension alongwith interest as per the Government instructions.
The learned counsel for the petitioner has stated that after the notice of motion was issued by this Court on 18.5.2015, the said commutation of pension has been released to the petitioner. Now, the only prayer pressed by the learned counsel for the petitioner is for payment of interest on the delayed payment of commutation of pension.
After having heard the learned counsels for the parties, I am of the view that the husband of the petitioner retired from service on 31.3.2010. The commutation of pension was to be released within three 1 of 2 ::: Downloaded on - 16-01-2017 00:56:38 ::: CWP No. 9793 of 2015 (O/M) -2- months from the date of retirement. The fact that it was released in the year 2015 goes to show that for one or the other reason, there was delay in release of the same. Therefore, the petitioner is entitled to interest on the delayed payment of commutation of pension. Accordingly, the respondents are directed to pay 9% per annum interest on the delayed payment of commutation of pension, starting from 1.7.2010 till the date of actual payment. Needful be done within two months from the date of receipt of certified copy of this order.
The present writ petition is allowed.
(KULDIP SINGH)
JUDGE
10.1.2017
sjks
Whether speaking / reasoned : Yes
Whether Reportable : No
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