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Punjab-Haryana High Court

Hem Raj Kansal vs Puda & Anr on 7 February, 2011

Author: Surya Kant

Bench: Surya Kant

CWP No.4491 of 2010.doc                                                    -1-




           HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH
                                       ****
                            CWP No.4491 of 2010 (O&M)
                            Date of Decision: 07.02.2011
                                       ****
Hem Raj Kansal                                                       . . . . Petitioner

                                       VS.

PUDA & Anr.                                                   . . . . Respondents
                                           ****
CORAM :                   HON'BLE MR.JUSTICE SURYA KANT
                                           ****
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?
                                    ****
Present:        Mr. SP Thukral, Advocate for the petitioner

                Mr. Naresh Prabhakar, Advocate for respondent No.1
                                   ****


SURYA KANT J. (ORAL)

(1). The petitioner sought and was granted voluntary retirement w.e.f. 31.05.2008. The retiral dues are said to have been paid to the petitioner on different dates in the year 2009.

(2). The only claim now survives is for the award of interest on the delayed payments.

(3). Having heard learned counsel for the parties at some length, I am of the considered view that since the retiral dues payable to the petitioner within some reasonable period after his retirement, remained with the CWP No.4491 of 2010.doc -2- respondents the petitioner would undoubtedly be entitled to interest thereupon.

(4). The writ petition is accordingly allowed in part with a direction to the respondents to pay the interest to the petitioner w.e.f. 01.09.2008 till the actual payment of the retiral dues along with interest @ 6% p.a. The arrears of interest shall be paid to the petitioner within a period of three months from the date of receipt of a certified copy of this order.

(5).               Ordered accordingly. Dasti.

07.02.2011                                       (S u r y a K a n t)
vishal shonkar
                                                        Judge