IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.19542 of 2007 Date of decision: 23.9.2008 Bhalle Ram ......Petitioner Versus State of Haryana and others ......Respondents CORAM:- HON'BLE MR.JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Umesh Narang, Advocate for the petitioner. Mr. Narender Sura, AAG, Haryana. 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? M.M.Kumar, J. The petitioner has prayed for quashing the impugned order dated 14.6.2007 (Annexure P-4) and for issuance of a direction to the respondents to release the pension, commutation of pension and gratuity after giving him the benefit of ACP scales. In pursuance to instructions dated 9.10.2006 (Annexure P-5), the benefit has been granted to him as is evident from the perusal of para Nos.2 and 3 of the written statement. In para No.2 of the written statement, it has been clarified vide memo dated 11.3.2008 that with regard to grant of 1st and 2nd ACP scales to the Patwaries and Kanungos, the condition of passing the departmental test would not be insisted. Accordingly, the Deputy Commissioner, Hisar passed order dated 8.8.2008 to the effect that the Patwaries who were/are eligible for the grant of HSS before 7.1.1998 i.e. the date of publication of the Rules are exempted from the condition of passing the departmental test of Kanungo for grant of 1st and CWP No.19542 of 2007 -2- 2nd ACP Scale and their cases may be examined afresh. In para No.3 of the written statement, respondents have further clarified that the petitioner would be granted ACP scale and will be paid all arrears within a period of three months. The case of the petitioner for revised pension has also been sent to the Competent Authority and upon revision of revised pension and all other pensionary benefits after revision would also be paid to him within a period of three months. In our view, the claim made by the petitioner stands satisfied. However, Mr. Narang, learned counsel for the petitioner has submitted that the petitioner would be entitled to interest because he retired on 31.8.2006 whereas the payment is still to be made after a period of three months in accordance with the written statement filed by the respondents. Taking into account the fact that the petitioner has retired more than two years ago, we award interest to the petitioner at the rate of 9 % per annum from the date of the amount became due till the date of its actual payment as has been held by the Full Bench in R.S. Randhawa v. State of Punjab 1997(3) RSJ 318. The payment of interest shall also be made within three months as undertaken in the written statement. The writ petition stands disposed of in the above terms. (M.M. KUMAR) JUDGE September 23, 2008 (RAKESH KUMAR GARG) ps JUDGE