C.W.P No. 5602 of 2007 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P No. 5602 of 2007 Date of decision : February 13, 2009 Smt. Birmati ...... Petitioner (s) v. State of Haryana and others. ...... Respondent(s) *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. H.N.Sahu, Advocate for Mr.L.R.Nandal, Advocate for the petitioner. Mr.Harish Rathee, Sr. DAG Haryana *** 1. Whether Reporters of Local Newspapers 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 ? *** AJAY TEWARI, J (Oral) The case of the petitioner is that despite the fact that she retired from service three years ago, her retiral benefits, especially gratuity, have not been released to her. In reply, the case set up is that the petitioner was granted higher scale wrongly and that in this connection, Civil Appeal filed in some other case is pending before the Hon'ble Supreme Court of India and in case that appeal is decided, the respondents would be entitled to recover the amount of Rs.2,22,793/-. This written statement was filed a year back. C.W.P No. 5602 of 2007 ::2:: In my opinion, it would be unfair to retain the retiral benefits of the petitioner indefinitely and, thus, the interest of justice would be served in case the amount is released to the petitioner after she furnishes security to the satisfaction of respondent No.2 that in case of a subsequent order of recovery, the State would be in a position to recover the amount. In the circumstances, the respondents are directed to release the benefits of the petitioner in the manner aforesaid within a period of two months from the receipt of a certified copy of this order subject to her furnishing adequate security, as mentioned above. In case, the amount is not released within the said period, the petitioner would be entitled to interest @ 8% from the date of accrual till the date of actual payment. ( AJAY TEWARI ) February 13, 2009. JUDGE `kk'