COCP No. 1036 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No. 1036 of 2011 Date of Decision: 8.11.2011 Fateh Singh and others ....Petitioners. Versus Sh. C. Birjalingam and others ...Respondents. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Ms. Neha Jain, Advocate for Mr. R.K. Dadwal, Advocate for the petitioners. Mr. M.C. Berry, Additional Advocate General, Punjab. AJAY KUMAR MITTAL, J. The grievance of the petitioners in this petition is that order dated 18.12.2009 passed by this Court in CWP No. 2280 of 2007 has been violated whereby the respondents were not to effect any recovery either on account of retrenchment increments or special increments which had been erroneously given to the petitioners. However, the respondents were held entitled to re-fix the emoluments by reducing the special increments only and it was further directed that after re-fixation of the pay, the retiral benefits shall be released within a period of two months and the petitioners shall receive 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 COCP No. 1036 of 2011 -2- where statutory interest is not provided. It was further directed that any amount deducted from the retiral benefits or the salary of the petitioners shall be refunded within the aforesaid period. According to the learned counsel for the petitioner, though the other amounts were released but the interest on the delayed payment was not being released in terms of the aforesaid directions. 2. Reply by way of counter affidavit has been filed on behalf of the respondents and the same is taken on record. A copy thereof has been supplied to the learned counsel for the petitioners. In para 5 thereof , the details of the interest on delayed payment have been given which are as under:- “(1) Sh. Fateh Singh Fitter, Petitioner No.1 (Date of retirement 30.6.2005) Sr. No. Description Amount Date of Payment Interest on delayed payment 1. D.C.R.G. Rs.1,09,710/- 16.3.2009 Rs.29,987/- @ 8% w.e.f. 1.10.05 to 28.2.09 “(II) Sh. Mansa Ram Work-Mistry, Petitioner No.2 (Date of retirement 31.1.2005) Sr. No. Description Amount Date of Payment Interest on delayed payment 1. D.C.R.G. Rs.91,036/- 4.4.2009 Rs.27,311/- @ 6% w.e.f. 1.05.05 to 31.1.09 2. Pension Rs.23,090/- 18.3.09 Rs.5311/- @ 6% w.e.f. 1.05.05 to 28.2.09 “III) Sh. Ujjagar Singh Beldar, Petitioner No.3 (Date of retirement 31.5.2005) COCP No. 1036 of 2011 -3- Sr. No. Description Amount Date of Payment Interest on delayed payment 1. D.C.R.G. Rs.84,645/- 10.3.2009 Rs.10,855/- @ 8% w.e.f. 1.4.06 to 28.2.09 2. Pension Rs.17,067/- 25.2.09 Rs.2,987/- @ 6% w.e.f. 1.4.06 to 28.2.09 3. Learned State counsel has produced bankers cheque Nos. 253118 dated 19.10.2011 amounting to Rs.29,987/-, 253119 dated 19.10.2011 for Rs.13,842/- and 253462 dated 3.11.2011 for Rs.32622/- in favour of the petitioners and the same have been handed over to the learned counsel for the petitioners. 4. In view of the above, no further action is called for in the present contempt petition and the same is disposed of as such. November 8, 2011 (AJAY KUMAR MITTAL) gbs JUDGE