R.S.A. No. 805 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No. 805 of 2009 (O&M) Date of decision : 18.2.2009 Municipal Council, Budhlada ....Appellant Versus Kaushalya Devi & others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr. Rajdeep Singh Cheema, Advocate for the appellant. ..... MAHESH GROVER, J. Delay in filing and re-filing is condoned. The only challenge that has been made in this appeal is that the interest, which has been granted to the respondent/plaintiff on account of delayed pensionary benefits @ 9% per annum, is excessive. After hearing the learned counsel for the appellant and perusing the impugned judgments, I am of the considered opinion that there is no infirmity in the findings recorded by the Courts below. Concededly, the pensionary benefits were released to the respondent belatedly. It is a settled proposition of law that the pensionary benefits cannot be withheld as they are not a charity but part of the earnings of R.S.A. No. 805 of 2009 (O&M) -2- an incumbent. In this view of the matter, the interest granted @ 9% per annum on the retiral benefits cannot be faulted with. Consequently, the appeal being devoid of any merit is dismissed. 18.2.2009 (MAHESH GROVER) JUDGE dss