C.W.P. No. 19373 of 2009 [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH C.W.P. No. 19373 of 2009 Date of Decision: July 19,2011 Joginder Kaur ......................................... Petitioner Versus The State of Punjab and others ............. Respondents Coram: Hon'ble Ms. Justice Ritu Bahri 1.To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present: Ms. Heena Talwar, Advocate for the petitioner. Mr. A.S.Grewal, Addl. A.G. Punjab. ... RITU BAHRI, J. This petition under Articles 226 and 227 of the Constitution of India is for directing the respondents to grant the petitioner interest on delayed payment of pension and other retiral benefits after retirement of the petitioner. Petitioner was appointed as Mistress in the Punjab Education Department on 18.11.1974. She was promoted as Lecturer with effect from 23.5.1981. After rendering 28 years 2 months and 13 years of qualifying service she C.W.P. No. 19373 of 2009 [ 2 ] retired on 31.1.2003. Petitioner was drawing the basic salary of `13,125/- per month. Before 1.1.1978, Masters/Mistresses were placed in the pay scale of `220-500 which was revised to `620-1200 with a starting pay of `660/- with effect from 1.1.1978. Grievance of the petitioner is that after she retired, the respondents have not released the pension in time. Vide order dated 9.6.2003 Director Public Instructions (S) Punjab, Chandigarh, issued orders dated 9.6.2003 withdrawing the benefits and the pay of the petitioner was re-fixed retrospectively. Petitioner filed a Writ Petition No. 11595 of 2004 for release of pension and other benefits on the basis of last drawn salary. This writ petition was decided on 15.7.2005 (Annexure P2) in terms of the earlier judgment rendered in C.W.P. No. 12125 of 2003 decided on 27.7.2004 (Annexure P3) against which an SLP was dismissed on 11.3.2005. Petitioner had to file a Contempt Petition No. 743 of 2006 for complying with the orders dated 15.7.2005 (Annexure P2). This contempt petition was disposed of vide order dated 9.12.2008 (Annexure P6) in view of the reply filed by the respondents that the pay has been re-fixed at the stage of `880/- on 1.9.1978. In the reply filed by Manjit Kaur Sidhu, District Education Officer,(S.E.) Amritsar it is submitted that after retirement of the petitioner on 31.1.2003, final payment of G.P.F. amounting to `3,92,693/- was made on 26.2.2003 and C.W.P. No. 19373 of 2009 [ 3 ] leave encashment of `55,345/- was released on 10.6.2004. There is no delay in releasing the above said amount. As far as re-fixation of her pay is concerned, the matter was pending adjudication before this Court in C.W.P. No. 11595 of 2004 which was decided on 15.7.2005. A review application No. 278 of 2006 was filed by the Department which was dismissed by a Division Bench of this Court on 17.7.2008. Hence, the remaining payment of the petitioner was made after this order was passed. However, regular pension of the petitioner was sanctioned on 15.1.2004 vide PPO No. 169077/PB. After going through the facts of the case it has transpired that after retirement on 31.1.2003 the GPF payment was made on 26.2.2003 and leave encashment was made on 12.6.2004. Regular pension of the petitioner was sanctioned vide PPO No. 169077/PB on 15.1.2004. Vide order dated 9.6.2003 the Director Public Instructions (S), Punjab Chandigarh had re-fixed the pay of the petitioner retrospectively. This order was subject to challenge in C.W.P. No. 11595 of 2004. On dismissal of the review application filed by the Department on 17.7.2008 the legal proceedings culminated and the rest of the payments due to the petitioner were made in the year 2009. The details of which are as under:- C.W.P. No. 19373 of 2009 [ 4 ] Sr. Date on which Particulars Amount (`) No. amount received ----------------------------------------------------------------------------------- 1.05.02.2009 Gratuity 2,92,950.00 2.24.06.2009 Gratuity 8,680.00 3.01.02.2009 Pension 1,69,547.00 4.01.08.2009 Pension 24,279.00 5.February 2009 Arrears on 11,565.00 account of promotions 6.June-2009 ACP arrears 37,129.00 7.18.09.2009 Leave Encashment 19,344.00 -------------------- Total 5,63,494.00 -------------------- The reason for delayed payment of gratuity, pension, arrears of promotion, ACP arrears and leave encashment is that the matter was pending before this Court regarding re-fixation of the salary. There is no intentional or procedural delay at the official level for denying the payment to the petitioner. Petitioner's salary had been re- fixed retrospectively. This writ was allowed on 15.7.2005, thereafter the review application was dismissed on 17.7.2008. In view of the Full Bench of this Court in A.S.Randhawa v. State of Punjab 1997 (3) SCT 468 and also the judgment of the Supreme Court in S.K.Dua v. State of Haryana & Another 2008 (1) SCT 618, C.W.P. is being C.W.P. No. 19373 of 2009 [ 5 ] allowed. During the review proceedings the judgment dated 15.7.2005 was not stayed, petitioner is entitled to interest at the rate of 6% p.a. with effect from 1.8.2005 till date of payment. 19.7.2011 ( RITU BAHRI ) Rupi JUDGE