IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 15278 of 2009 Date of Decision: 08.08.2011 Hussan Lal and others .... Petitioners Versus State of Punjab and others ... Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present : Mr. Vipin Mahajan, Advocate for the petitioners Mr. Parveen Chander Goyal, Addl. A.G. Punjab 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? RITU BAHRI J. (ORAL) The petitioners were working in the Ranjit Sagar Dam Project sponsored by the Irrigation Department. Vide circular letter dated 27.11.1981, they were granted one increment for every two years of completed service on earlier project, subject to maximum of seven increments. The petitioners retired on attaining the age of superannuation on 1.4.2003, 30.6.2003 and 31.10.2003. The respondent authorities ordered to recover Rs. 85,880/-, Rs. 57,366/- and Rs. 51,508/- from the gratuity amounts on account of excess payment of increment made to the petitioners in view of circular dated 27.11.1981. The petitioners filed CWP No. 20840 of 2008 for release of withheld amount of gratuity. On 11.12.2008, this writ petition was disposed of with a direction to decide the representation as well as Legal Notice in accordance with law within a period of four months C.W.P. No. 15278 of 2009 2 from the date of receipt of certified copy of order. On 17.7.2009, the respondents released the gratuity of petitioners after almost six years of retirement. Petitioners are seeking interest on the delayed payment of gratuity by way of filing this writ petition. The respondents have filed their written statement where no explanation of delay has been given, however, feeble attempt has been made to justify this relief that the payment of gratuity was given after the legal notice was decided on 17.7.2009. Reference has been made to the pending court cases due to which payments of gratuity were withheld. There are no details of writ petitions mentioned due to which payment of gratuity was withheld. In view of above, the writ petition is allowed and it is ordered that 6% interest be given on the delayed payment of gratuity from the date of their retirement till the date it is paid. (RITU BAHRI) 08.08.2011 JUDGE reena