Punjab-Haryana High Court
Raj Bala @ Bala Rani vs State Of Haryana And Others on 29 January, 2014
Author: Augustine George Masih
Bench: Augustine George Masih
CIVIL WRIT PETITION NO.11686 of 2012 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CIVIL WRIT PETITION NO. 11686 of 2012
DATE OF DECISION: JANUARY 29, 2014
Raj Bala @ Bala Rani
.....Petitioner
VERSUS
State of Haryana and others
....Respondents
CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH
1. Whether Reporters of local papers may be allowed to see the judgement?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Mr. Amit Singla, Advocate
for the petitioner.
Mr. Sunil Nehra, Sr. D.A.G., Haryana,
for the State.
*****
AUGUSTINE GEORGE MASIH, J. (ORAL)
Petitioner has approached this Court claiming interest on delayed payment of the retiral benefits including ex gratia. Reply to the writ petition has been filed by the respondents wherein the preliminary submissions it has been stated as follows :-
"Shri Chhabil Dass was working in this office as a Gauge Reader and expired on 7.04.2005 leaving behind one daughter and one son born from first wife and both are married and second wife who is the petitioner in this Civil Writ petition. All papers relating to the retiral benefits were prepared timely but unfortunately some Harish Kumar 2014.01.30 10:49 I attest to the accuracy and integrity of this document CIVIL WRIT PETITION NO.11686 of 2012 -2- disputes took place between family members of the deceased who filed a civil suit in the Court of the Additional Civil Judge (Sr. Division) Hisar. The suit was decided on 24.10.2008 & on receipt of duly certified copy of the decision, payments were made as per directions of the Hon'ble Court and without any delay on the part of department. The details of payment is as under:-
(1)Group Insurance Scheme Rs.21863-00 Vr.
No.3 dt. 9.5.2005 (2) General Provident Fund Rs.90631-00 Vr.
No.10 dt 21.7.2005
(3) Leave Encashment Rs. 63700-00 Vr.
No.6 dt. 24.12.2008
(4) Financial Assistance Rs. 2,50,000-00
13-08-2010
(5) DCRG Rs. 48218-00 dt.
15.7.2005
(6) Ex-Gratia Grant Rs. 25000-00 Vr.
No.5 dt. 29.12.2008
In the light of the above, factual assertion in the preliminary submission which has not been disputed by the counsel for the petitioner. There is justifiable reason for not disbursing the amount of leave encashment and ex gratia to the petitioner because of the pendency of the Civil Suit which was decided on 24.10.2008. Delay, if any, in disbursement of the dues relate to the financial assistance amounting to Rs.2,50,000/- which was disbursed on 13.08.2010.
There being delay on the part of the respondents in releasing this amount to the petitioner even beyond 24.10.2008 she is entitled to interest for the period 24.10.2008 till disbursement i.e. 13.08.2010 at the rate of 9% per annum. This amount of interest be released to the petitioner Harish Kumar 2014.01.30 10:49 I attest to the accuracy and integrity of this document CIVIL WRIT PETITION NO.11686 of 2012 -3- within a further period of two months from the date of receipt of certified copy of this order.
The writ petition is partly allowed in above terms.
January 29, 2014 ( AUGUSTINE GEORGE MASIH )
Harish JUDGE
Harish Kumar
2014.01.30 10:49
I attest to the accuracy and
integrity of this document