C. W. P. No.6787 of 2003 [1] THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C. W. P. No.6787 of 2003 Date of Decision: 16 - 10 – 2008 Baldev Krishan Bhardwaj and another ....Petitioners v. Managing Committee, R.K.Arya College, ....Respondents Nawanshehar and others CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Ramesh Kumar, Advocate for the petitioners. Mr.Sameer Sachdeva, Advocate for respondent No.1. Mr.Satish Bhanot, Sr.DAG, Punjab. *** KANWALJIT SINGH AHLUWALIA (ORAL) The present writ petition has been filed by two Lecturers of R.K.Arya College, Nawanshehar. In this writ petition they have claimed that the respondents be directed to make payment of leave encashment and the provident fund lying with the Provident Fund Commissioner. They also prayed that the arrears of gratuity be paid and interest at the rate of 12% be awarded. Notice of motion was issued. Written statement was filed. On 6.5.2008, a Co-ordinate Bench passed the following order:- “Learned counsel appearing for the petitioners has C. W. P. No.6787 of 2003 [2] pointed out that petitioner no.1 retired on 30.06.1999 whereas petitioner no.2 retired on 31.01.2001. The retiral benefits were paid only on 29.08.2002 to both the petitioners. The payment was made only after the petitioners had filed C.W.P.No.3103 of 2002 claiming pensionary benefits. The petition was disposed of vide order dated 19.02.2002 whereby it was directed that the representations made by the petitioners be decided and in case their claim is found genuine, the payment be made within one month. Contention of the learned counsel is that despite this, the amount was not released. This constrained the petitioners to file COCP No.602 of 2002. The order passed by the Writ Court in C.W.P.No.3103 of 2002 has been reproduced in the petition in para no.6. The date of decision of the contempt petition or the order is not available on the file. Let the file of COCP be summoned. Adjourned to 22.05.2008.” Thereafter the matter was adjourned to 22.5.2008 and the Court again passed the following order:- Learned counsel for the respondents states that as per the calculations made by the department, sum of Rs.35,775/- would be the interest payable on the delayed payment. The interest, however, has been calculated from the date of the order i.e. 19.02.2002 till the date of payment i.e. 29.08.2002. Learned counsel for the petitioners, however, contends that petitioner no. 1 retired on 30.06.1999 and petitioner no. 2 retired on 31.01.2001. The interest, therefore, is to be calculated from a date three months from the date of retirement. Adjourned to 25.07.2008 so that the admitted interest is paid to the petitioners. The counsel for the respondent shall also take specific instruction as to the officer (by name) who was responsible to release the payment of retiral benefits within reasonable period of retirement of the petitioners.” Today, Mr.Sameer Sachdeva, learned counsel appearing for the C. W. P. No.6787 of 2003 [3] respondent-College has stated that two cheques have been handed over to counsel for the petitioners. A cheque amounting to Rs.18,666/- has been drawn in favour of A.N.Bhadwal – petitioner No.2 and another cheque amounting to Rs.17,109/- has been drawn in favour of B.K.Bhardwa – petitioner No.1. Mr.Ramesh Kumar, learned counsel for the petitioners has stated that this amount is deficient and the amount of interest should be calculated at the rate of 12% per annum on the delayed payment. After hearing learned counsel for the parties, I am of the view that in the present case rate of interest at 6% per annum will be justified. Accordingly, on the delayed payment, the petitioners shall be entitled to recover the interest at the rate of 6% per annum. The petitioners shall submit the calculations to the respondent-College regarding the amount due at the rate of 6% per annum. In case the respondent-College admits the claim of the petitioners, payment shall be made at the rate of 6% per annum. Otherwise, the petitioners shall be entitled to carry out the execution proceedings, claiming 6% interest on delayed payment. Writ petition stands disposed off. ( KANWALJIT SINGH AHLUWALIA ) October 16, 2008. JUDGE RC