Punjab-Haryana High Court
Puran Chand vs Arun Goel & Ors on 2 January, 2012
Author: Surya Kant
Bench: Surya Kant
COCP No.2179 of 2010.doc -1-
HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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COCP No.2179 of 2010 (O&M)
Date of Decision: 02.01.2012
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Puran Chand . . . . Petitioner
vs.
Arun Goel & Ors. . . . . Respondents
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CORAM : HON'BLE MR.JUSTICE SURYA KANT
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1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
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Present: Mr. Umesh Kumar Kanwar, Advocate for the petitioner
Mr. GS Cheema, Sr. DAG Punjab
Mr. Sumit Gupta, Advocate for respondent No.3
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SURYA KANT J. (ORAL)
(1). These contempt proceedings have been initiated alleging willful disobedience of the order dated 29.04.2010 (Annexure P1) passed by this Court in CWP No.16408 of 2009 whereby petitioner's writ petition was allowed in terms of the decision of this Court in Charan Dass's case and the State of Punjab was directed to release the retiral benefits.
(2). It may be mentioned here that the petitioner served at Ranjit Sagar Dam as Beldar till he retired w.e.f. 30.06.2006 on attaining the age of superannuation. COCP No.2179 of 2010.doc -2- (3). The respondents have filed their reply/affidavit which suggests an inter se dispute between the State of Punjab and the BBMB authorities regarding liability towards payment of retiral dues to the petitioner. Be that as it may, BBMB has granted the benefit of leave encashment to the petitioner along with 6% interest. Rest of the retiral benefits have since been released by the State of Punjab except that no interest on the arrears of pension has been paid to the petitioner nor the full amount of commuted pension has been released to him. (4). It is pointed out that the arrears of pension were paid on 22.11.2011 whereas the petitioner retired on 30.06.2006. Similarly, against the approximate amount of Rs.2,29,934/-, only Rs.83640/- has been paid towards commuted value of pension.
(5). Having heard learned counsel for the parties though I do not find any willful attempt of disobedience to the orders passed by this Court but keeping the inter se dispute between the two Government organs in view, I deem it appropriate to dispose of this petition with a clarificatory direction that the petitioner shall be paid interest @ 7% per annum on the arrears of pension w.e.f. 01.09.2006 till the actual realization of such arrears. Similarly, the petitioner shall be paid balance amount of commuted COCP No.2179 of 2010.doc -3- value of pension as per rules within a period of three months from the date of receipt of a certified copy of this order. The arrears of interest, as directed above, shall also be released within the specified period failing which the petitioner shall be at liberty to seek revival of this petition.
(6). The above-stated payments shall be made by the State of Punjab without prejudice to its right to seek reimbursement from BBMB, if so permissible under the law/rules.
(7). Ordered accordingly. Dasti.
02.01.2012 (SURYA KANT)
vishal shonkar
Judge