Punjab-Haryana High Court
Jagjit Ram Sharma vs State Of Punjab And Others on 20 January, 2010
Author: Surya Kant
Bench: Surya Kant
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Civil Writ Petition No.18550 of 2008 (O&M)
Date of Decision : 20.01.2010.
Jagjit Ram Sharma .....Petitioner
versus
State of Punjab and others .....Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT.
Present : Mr.R.K.Sharma, Advocate, for the petitioner.
Ms.Charu Tuli, Senior Deputy Advocate General, Punjab.
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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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ORDER
Surya Kant, J. (Oral) The petitioner is a retiree, He seeks a direction to the respondents to release the amount lying deposited in the GPF account alongwith interest @ 18% per annum.
Notice of motion was issued and in response thereto, the respondents have filed their reply by way of affidavits.
It is not in dispute that during the pendency of this writ petition and pursuant to one or the other orders passed by this Court, the principal amount of G.P.F. has been transferred to the petitioner's account. He, however, very strongly claims interest @ 18% per annum w.e.f. C.W.P.No.18550 of 2008 (O&M) 2 1.7.1968 onwards though not on the amount of Rs.1,02,577/- paid in July, 2007 vide cheque No.627351. According to the petitioner, he is entitled to arrears of interest amounting to Rs.14,17,401/- as on 30.11.2009.
I have heard learned counsel for the parties at some length on this issue. In my considered view, the petitioner is undoubtedly entitled to claim the interest but at a reasonable rate. I hold the petitioner entitled to interest for the reason that due to inordinate delay in release, the petitioner has been deprived of utilizing his own amount. Taking into the totality of the circumstances, the respondents are directed to pay simple interest @ 9% from the due date till actual payment of G.P.F. amount, to the petitioner, as early as possible but not later than 3 months from the date of receiving a certified copy of this order.
Disposed of.
Dasti.
20-01-2010 (SURYA KANT) Mohinder JUDGE