IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. CWP No.510 of 2009 Date of decision: 26.05.2009 Gurbachan Singh ..... Petitioner VERSUS The State of Punjab & Others. ..... Respondents. CORAM:HON'BLE MR. JUSTICE PERMOD KOHLI. Present: Mr.R.K.Arora, Advocate for petitioner. Mr.B.S.Chahal, DAG, Punjab. PERMOD KOHLI, J. (Oral) The petitioner retired from service on 28.02.2006 on attaining the age of superannuating from the post of Master. The retiral benefits were released in favour of the petitioner in the following manner and on the dates mentioned hereunder: - Amount Date of Payment i) DCRG Rs.3,06,745/- 12.03.2008 ii) Balance DCRG Rs. 34,953/- 28.04.2008 iii) 25% Arrears of Rs. 59,729/- 22.04.2008. balance pension On account of delay in payment of the retiral benefits, the petitioner has filed this petition claiming interest on the delayed payments. The respondents CWP No.510 of 2009 -2- have defended their action on the ground that in terms of Rule 9.14 sub Rule (1) C of the Punjab Civil Services Rules Volume-II, the petitioner is not entitled to payment of gratuity until the conclusion of judicial proceedings. It is contended that since the petitioner has filed CWP No. 3084 of 2005 which was pending, the gratuity could not be released. The defence of the respondent is totally false and baseless. There was no interim directions by any Court wherein the retiral benefits could be withheld. Admittedly, there has been delay in making the payment of retiral benefits. The petitioner is entitled to interest. The petitioner shall be entitled statutory interest on the gratuity for the period of delay and at the rate of 6% on delayed pension. Let the entire amount be calculated and paid to petitioner within six weeks from the date of receipt of certified copy of this order. 26.05.2009 (PERMOD KOHLI) shamsher