IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.12221 of 2002 Date of decision: February 18, 2008. Ujjal Singh ...Petitioner(s) v. State of Punjab & Ors. ...Respondent(s) CORAM:HON'BLE MR. JUSTICE SURYA KANT 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. Present: Shri P.K. Dutt, Advocate for the petitioner. Shri M.C. Berry, Sr. Dy. Advocate General, Punjab for the respondents. ORDER Surya Kant, J. - In this Civil Writ Petition under Article 226 of the Constitution, the petitioner (who has unfortunately died and is represented by his legal representatives) seeks a direction to the respondents to pay him interest @ 18% per annum on the delayed payment of leave encashment and gratuity. The facts may be noticed briefly. The petitioned joined as a Clerk in the Excise & Taxation Department, Punjab on 13.12.1960 and he retired as Excise & Taxation Officer on 31.5.2000. Much before retirement, the petitioner's case for the grant of pension and Death-cum-Retirement Gratuity was recommended by the Head of the Department to the Accountant General, Punjab on 5.5.2000 (Annexure P-3). The gratuity amounting to Rs.1,96,961/- was ordered to be released to the petitioner on 9.5.2001, however, it was actually released to him vide order dated 5.2.2002 (Annexure P-12). Similarly, an amount of Rs.1,19,370/- towards leave encashment was released to the petitioner vide order dated 18.6.2001 (Annexure P-9). From the facts noticed above, it is apparent that there has been an inordinate and unexplained delay in making actual payments of above stated two retiral benefits even when the Head of the Department had sent the petitioner's case well in advance. Consequently, and for the reasons afore-stated, this petition is allowed to the extent that the respondents are directed to pay interest to the petitioner's legal representatives @ 9% per annum on the arrears of 'leave encashment' as well 'gratuity'. The interest shall be calculated with effect from 1.8.2000 till the actual date of payment and the amount so accrued shall be paid to them within a period of three months from the date of receipt of a certified copy of this order. February18, 2008. [ Surya Kant ] kadyan Judge