In the High Court of Punjab and Haryana at Chandigarh CWP No. 16285 of 2006 Date of decision:24.7.2008 Joginder Singh Kohli ......Petitioner Versus State of Punjab and another .......Respondents CORAM: HON'BLE MR.JUSTICE M.M.KUMAR HON'BLE MRS. JUSTICE SABINA Present: Mr.A.K.Walia, Advocate, for the petitioner. Mr.P.C.Goyal, Sr.DAG, Punjab. **** JUDGMENT M.M.KUMAR, J. The prayer made by the petitioner in the instant petition is for issuance of directions to the respondents to release the pensionary and other retiral benefits as he had retired on 28.2.1991 on attaining the age of superannuation, subject to the decision of the criminal case against him vide FIR No.63/1.3.1990 Police Station Kotwali, Patiala. It is the conceded position that the petitioner has been acquitted by the Court of Special Judge, Patiala vide judgment dated 9.10.1993 (Annexure P-2) yet his retiral benefits were not paid. After filing of the instant petition and service of notice the petitioner has been paid an amount of Rs.13,030/- on 17.4.2007 and amount of CWP No. 16285 of 2006 -2- Rs.27,720/- for leave encashment on 4.6.2008 and also amount of Rs.20,296/- as gratuity on 18.7.2008 (Mark 'A'). It shows that there is an inordinate delay in making the payment of various retiral benefits to the petitioner. Apart from the delay in payment of retiral benefits noticed above, if there is any other payment, which has also been delayed and made after 1.4.1994, it would also earn interest. At best, the respondents could have taken a period of six months from the date of acquittal by the criminal Court on 9.10.1993 and the payment was required to be made by 30.4.1994. However, there is delay of more than fourteen years in making the payment. According to the Full Bench judgment of this Court in R.S.Randhawa v. State of Punjab 1997 (3) RSJ 318, interest @ 12% per annum should be awarded in matters of delay in payment of retiral benefits. Accordingly, directions are issued to the respondents to make the payment of interest @ 12% from 1.4.1994 till the date of payment. The interest shall be calculated and paid to the petitioner within a period of two months from the date of receipt of a certified copy of this order. Petition stands disposed of in the above terms. (M.M.KUMAR) JUDGE (SABINA) JUDGE July 24, 2008 anita