COCP No.1882 of 2011 (O & M) ::1:: IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH COCP No.1882 of 2011 (O & M) Date of decision: 12.12.2011 Smt. Surinder Kaur .... Petitioner Versus Sh. Sh. G. Vajralingam and others ....Respondents CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present: Mr.M.K. Dogra, Advocate, for the petitioner. Mr. G.S. Cheema, Sr. DAG, Punjab. **** AJAY KUMAR MITTAL, J.: (Oral) This Court on 27th May, 2009 while disposing of CWP No.5991 of 2008 had restrained the respondents from effecting any recovery from the petitioner either on account of retrenchment increments or special increment which had allegedly been given to the petitioner erroneously. However, the respondents were held entitled to re-fix the emoluments by reducing the amount of special increment only. As a result of which, petitioner's pay was to be refixed and in case of those employees who had retired from the service, the retiral benefits were to be released within a period of two months. The petitioner was also held entitled to the interest on delayed payment of pension/retiral benefits at the statutory rate wherever admissible, and @ 6% on pension and other retiral benefits where there was no statutory interest provided for. It was also COCP No.1882 of 2011 (O & M) ::2:: directed that in case, any amount deducted from the retiral benefits or the salary of the petitioner, the same shall also be released. The grievance of the petitioner is that the said order had not been complied with. 2. Upon notice having been issued to the respondents, reply has been filed by way of an affidavit of Som Nath Bhagat, Executive Engineer-respondent No.3 in Court today. Same is taken on record. A copy thereof has been given to learned counsel for the petitioner. 3. In Paras 4 to 6 of the reply, it has been stated as under: “4. That in compliance to the order dated 27.05.2009 passed by the Hon'ble High Court, no recovery has been effected from the petitioner on account of retrenchee benefits/special increments. The payment of G.P.F. Amounting to Rs.4,84,571/-, GIS amounting to Rs.30,000/- & Rs.6590/- has already been paid and deposited in the saving account of the petitioner. 5. In compliance to the orders dated 27.5.2008, the dues have also been paid as detailed below: Sr. No. Description Amount Date of payment Interest @ 1. Pension Rs.7025/- 17.09.2011 - 2. Interest on Pension w.e.f. 1.12.2010 to 31.8.2011 Rs.2374/- Vide Banker Cheque No.253987 dated 1/12/2011 6% 3. Leave Encashment Rs.2,03,730/- 20.06.2011 4. Interest on leave encashment w.e.f. 1.12.2010 to 31.5.2011 Rs.6112/- Vide Banker Cheque No.253987 dated 01.12.2011 6% COCP No.1882 of 2011 (O & M) ::3:: 6. That the petitioner was expired on dated 23.08.2010 and pension was sanctioned by the Accountant General (A & E), Punjab, Chandigarh amounting to Rs.7025/- dated 17.09.2011. The payment of gratuity amounting to Rs.4,48,206/- is being paid by the Distt. Treasury Officer, Gurdaspur (Pb.) being death case. 4. According to the reply, the amount of GPF of Rs. 4,84,571/-, GIS amounting to Rs.30,000/- and Rs.6,590- has already been paid through crediting the saving account of the petitioner. The pension has also been recalculated at Rs.7025 and interest on pension w.e.f. 01.12.2010 to 31.08.2011 amounting to Rs.2,374/- and leave encashment of Rs.2,03,730/- along with interest thereon amounting to Rs.6112/- have also been paid. It has been stated that the payment of gratuity of Rs.4,48,206/- shall be paid by the District Treasury Officer, Gurdaspur, at the earliest. Learned State counsel states that the needful shall be done within a month. 5. In view of the above, no further action is called for in the present petition. Same stands disposed of accordingly. 6. However, in case, the respondents fail to pay the amount of gratuity within the time stated hereinabove, it shall be open to the petitioner to revive the present petition. (AJAY KUMAR MITTAL) JUDGE December 12, 2011 sukhpreet COCP No.1882 of 2011 (O & M) ::4::