IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 39 of 2010. Reserved on: 19.11.2010. Decided on: 26.11.2010. _________________________________________________________ Ramesh Kumar Aggarwal. … Petitioner. Versus Commissioner-cum-Secretary (Health) to the Government of Himachal Pradesh and others. … Respondents. Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the Petitioner : Mr. D.K. Khanna, Advocate vice Mr. R.L. Kaith, Advocate. For the Respondents : Mr. P.M. Negi, Deputy Advocate General with Mr. R.P. Singh, Assistant Advocate General for respondents No.1 to 3. None for respondent No.4. Rajiv Sharma, J.: Petitioner was appointed as Clerk in the respondent- department on 20th September, 1961. He was promoted as Accountant in the month of January, 1981 and as Superintendent Grade-II with effect from January, 1997. He retired on 31.3.1998. However, his pensionary and retiral benefits were withheld against the alleged recovery of ` 3905/-. Respondents have not completed the process of determination of the retiral/pensionary benefits within frame work of the Rules. Action of the respondents of withholding a sum of more than ` 1,50,000/- only to 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. - 2 - realize a sum of `3,905/- was arbitrary. Petitioner has not been paid any interest on the D.C.R.C. amounting to `80,417/- and G.P.F. amount of `80,114/-. The petitioner is entitled to interest on the amount of G.P.F. which was notified as per Rule 68 of the Central Civil Services (Pension) Rules, 1972 read with Instruction No.(ii) appended thereto, in the year 1997-98. He is also entitled to interest @ 9% on the other retiral benefits amounting to `80,417/-. The petitioner has retired on 31.3.1998 and the principal amount was released to him only on December 11, 1998. 2. Consequently, the petition is allowed. There shall be a direction to the respondents to pay and release interest component to the petitioner on the G.P.F. amount of `80,114/- at the rate prescribed for the year 1997-98, as per Rule 68 of the Central Civil Services (Pension) Rules, 1972 read with Instruction No.(ii) appended thereto and 9% interest on the D.C.R.G. amounting to `80.417/-. Needful be done within a period of two months from the date of production of certified copy of this judgment. No costs. (Rajiv Sharma), Judge. November 26, 2010. (sck).