Regular Second Appeal No. 2080 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No. 2080 of 2009. (O&M) Date of Decision: 20.5.2009 *** State of Haryana .. Appellant VS. Sobha Singh .. Respondent CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. Ajay Gulati, AAG Haryana. *** ARVIND KUMAR, J. The State of Haryana has come up in this regular second appeal challenging the concurrent findings to the effect that the plaintiff is entitled to interest @ 12% per annum on the delayed release of pension. Having heard the learned State counsel this Court is of the considered opinion that there is no merit in the same. The plaintiff- respondent admittedly retired from the service of the appellant-respondents on 30.9.2005 and it is an admitted fact (as per admission of DW.2) that the pension papers were submitted by the plaintiff on 25.2.2005 i.e. much prior in time, but his pension was released only on 5.10.2006. Although it was pleaded that the said with-hold was on account of pendency of enquiry against the plaintiff, but for that, the appellants admittedly have stopped the release of other service benefits. This rightly led the Courts below to conclude that since the pension was released to the plaintiff with inordinate delay, therefore, he is entitled to get interest thereupon. The grant of interest of the plaintiff has penal element and thus, it cannot be said that the interest @ 12% on the delay payment is excessive in any manner. Nothing has been shown to take a contrary. No substantial question of law, which is Regular Second Appeal No. 2080 of 2009 2 sine qua non for admission of appeal is made out. The appeal is wholly without merits and the same is accordingly dismissed in limine. (ARVIND KUMAR) JUDGE May 20,2009 Jiten