IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.11370 of 2000 Date of decision : 23.03.2011 Mohinder Singh and others … Petitioners Versus The State of Punjab and another …Respondents CORAM : HON’BLE MR.JUSTICE PERMOD KOHLI Present: None for the petitioner. Ms.Charu Tuli, Sr.DAG, Punjab. Permod Kohli, J. Petitioners were working as Junior Assistants. Petitioners No.1 and 2 retired from service on 31.1.2000 whereas petitioner No.3 retired from service on 29.2.2000. The grievance of the petitioners is that they have not been paid full retiral benefits. This petition was accordingly, filed seeking a direction for releasing the retiral benefits along with interest. Respondents-State in its reply, has given the details of the payment of retiral benefits in respect to all the petitioners. From the details given, it appears that all retiral benefits have been paid to the petitioners in the year 2000-01. There is some delay in payment of reitral benefits. The State has further stated that the excess payment received by the petitioners, has been recovered. According to the reply filed, amounts of Rs.22,392/-, Rs.48,405/-, and Rs.47070/- are to be recovered from petitioners No.1, 2 and 3 respectively. However, there is nothing on record to indicate that alleged excess amounts were withdrawn by petitioners on account of mis-representation or fraud on their part. In any case, petitioners are only the dealing assistants and not the drawing and disbursing officers. The recovery from the petitioners is thus impermissible in law in view of Full Bench Judgment of this Court in case of Budh Ram and others Vs. State of Haryana and others decided on 22.5.2009. Though in the reply, nothing is mentioned regarding payment of commuted value of pension. However, replication has been filed by the petitioners in which they have admitted that commuted pension has also been paid to them. CWP No.11370 of 2000 [2] In view of the above, the only question remains the payment of interest on the delayed payment of the reitral benefits. This petition is accordingly, disposed of with a direction to the respondents to calculate and pay the statutory interest in respect of the death- cum-retirement gratuity and GPF and interest at the rate of 6% on delayed payment of other retiral benefits. The interest shall commence after expiry of three months from the date of retirement till the amount is actually paid. Let the entire benefits be calculated and paid to the petitioners within three months from the date of receipt of a certified copy of this order. ( Permod Kohli ) Judge 23.03.2011 sd