Civil Revision No.952 of 2010(O&M) #1# IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Revision No.952 of 2010(O&M) Date of decision: 23.05.2011 Harbhajan Singh Dhillon. ...... Petitioner. Versus State of Punjab & Ors. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr.K.S. Rekhi, Advocate, for the petitioner. Mr.A.S. Grewal, Additional Advocate General, Punjab. *** JASWANT SINGH, J. (ORAL) The petitioner retired as Deputy District Education Officer from the employment of the Department of Education, Government of Punjab, in the year 1992. He filed a civil suit prior to his retirement on 21.11.1987 claiming entitlement to get his pay fixed at par with his juniors. The said suit was decreed on 06.01.2000. The defendant-State Government was directed to refix his pay and to make the balance payment along with the interest at the rate of 12% per annum within a period of two months. It was further decreed that if the amount so calculated is not paid within the said two months, thereafter interest at the rate of 18% per annum on the delayed payments to be made would accrue. During the execution proceedings, it appears that a statement was made by the officials concerned on behalf of the judgment debtors that the Civil Revision No.952 of 2010(O&M) #2# outstanding amount has been calculated and paid in terms of the decree. On such a statement being made, the petitioner-decree holder also suffered a statement that he had been paid his entire amounts due in terms of the decree and consequently, the execution application was ordered to be withdrawn vide order dated 19.01.2009 passed by the learned Executing Court. It appears that the petitioner-decree holder subsequently filed a second execution application by stating that certain amount remains to be paid. The said application was dismissed as not maintainable. Hence, the present revision petition. During the course of hearing in the present revision petition, the respondent-State was directed to file the details of outstanding amounts, if any, to be paid to the petitioner-decree holder. In compliance, Sukhwinder Singh, DEO has filed an additional affidavit dated 11.05.2011 and in Para II of the same, the outstanding amount has been mentioned which reads as under:- " That on previous hearing, the Hon'ble Court sought interest calculations on Balance pension and Gratuity for the delayed period, which is given as under:- (i) Pension:- Interest on Balance pension for the period from 1.10.92 to 31.12.2008 Revised Pension after decree :- 1979/- Revised Pension before decree :- 1785/- Balance Pension :- 194/- Total Interet on Balance Pension :- 187665/- A copy of Calculation sheet giving details of interest on Balance Pension and Dearness Allowance is being annexed herewith as annexure R-1. (ii) “Gratuity:- Interest on Balance Gratuity for the Civil Revision No.952 of 2010(O&M) #3# period from 01.10.1992 to 24.02.2009. Revised Gratuity : 66000/- Gratuity already paid : 59400/- Balance Gratuity : 6600/- Interest on Balance Gratuity 6600*196*18 ___________ = 19404/- for 196 Months 12*100 6600*24*18 ___________ = 78/- for 24 days 365*100 Total = 19482/-” At the time of hearing both the counsel are agreed that the present revision petition can be disposed of as having become infructuous in view of the amounts admittedly remaining to be paid to the petitioner-decree holder. It is, however, prayed by the learned counsel for the petitioner/decree holder that the said amount be ordered to be paid within a period of three months. In view of the agreed stand, this petition is disposed of as having been rendered infructuous with the direction that the respondent-State authorities shall pay the outstanding amount as stated in Para II of the additional affidavit dated 11.05.2011 of the DEO concerned within a period of three months from the date of receipt of certified copy of this order. ( JASWANT SINGH ) May 23, 2011 JUDGE Sukhpreet/ Vinay