IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.11150 of 2000 Date of decision : 05.04.2011 Tersem Kumar … Petitioner Versus State of Punjab and others …Respondents CORAM : HON’BLE MR.JUSTICE PERMOD KOHLI Present: Mr.B.S.Bhalla, Advocate, for the petitioner. Ms.Charu Tuli, Sr.DAG, Punjab. Permod Kohli, J. This writ petition has been filed by the petitioner claiming reitral benefits like pension, gratuity, provident fund, encashment of earned leave etc. The petitioner was earlier dismissed from service vide order dated 30.6.1975. His civil suit was dismissed by the trial Court vide judgment dated 30.8.1977. However, appeal preferred by the petitioner was allowed by the Addl. District Judge, Ferozepur and set aside the order of the trial Court. As a consequence of the aforesaid order, the petitioner was reinstated in the service and he had sought voluntary retirement which was allowed by the employer. In the meantime, the State preferred an appeal bearing RSA No.1357 of 2010 against the judgment and decree of first appellate court dated 29.2.1980. The appeal filed by the State has been dismissed by a separate order passed in RSA No.1357 of 2010 today itself. In view of the dismissal of the RSA, the order of lower appellate Court setting aside the termination of the petitioner is confirmed. The petitioner is thus, entitled to retiral/pensionary benefits permissible under law. During the pendency of this writ petition, petitioner was granted provisional pension and his gratuity was withheld by the State. Since the order of termination has been set aside and the petitioner has been granted voluntary retirement, thus the petitioner is entitled to the gratuity, final pension and other retiral benefits. This petition is accordingly, allowed and the respondents are directed to release the withheld amount of gratuity and all other retiral/pensionary benefits within a period of three months. Respondents shall also sanction the final pension including the commutation of pension within the CWP No.11150 of 2000 [2] aforesaid period. Needless to say that petitioner shall be entitled to statutory interest on delay payment of gratuity, GPF and interest @ 6% on other retiral benefits commencing from the expiry of three months of the date of retirement till the amount is actually paid. Let all the calculations be made and admissible amount paid within a period of four months. ( Permod Kohli ) Judge 05.04.2011 sd