IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.4886 of 2010 Date of Decision : 18.3.2010 Ram Singh .....Petitioner versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.C.M.Chopra, Advocate, for the petitioner. Ms.Charu Tuli, Senior Deputy Advocate General, Punjab. -.- 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? --- ORDER Surya Kant, J. (Oral) The petitioner seeks a mandamus to direct the respondents to release the pensionary benefits i.e, pension, commuted pension, gratuity, leave encashment etc. and not to effect any recovery. During the course of hearing, learned counsel for the parties contend that the controversy involved in this case stands settled by a decision of this Court dated 27.5.2009 rendered in a bunch of writ petitions including CWP No.5568 of 2008 (Charan Dass and others versus State of Punjab and others),the relevant and operative part whereof reads as follows:- “In view of the above, the respondents are not entitled to effect any recovery from the petitioners either on account of retrenchment increments or special C.W.P.No .4886 of 2010 2 increments allegedly erroneously given. However, the respondents are entitled to re-fix the emoluments by reducing the special increment only. Consequently, the pay of the petitioners will be re-fixed and in case of those employees who have already retired from service, the retiral benefits shall be released within a period of two months. The petitioners shall also be entitled to interest on the delayed payment of pension/retiral benefits at the statutory rate wherever admissible and at the rate of 6% on pension and other retiral benefits where statutory interest is not provided for. Any amount deducted from the retiral benefits of the salary of the petitioners shall be refunded within the aforesaid period.” The writ petition is accordingly allowed in terms of CWP No.5568 of 2008 (Charan Dass and others versus State of Punjab and others). Dasti. 18-03-2010 (SURYA KANT) Mohinder JUDGE