CWP No.1667 of 2010 1 In the High Court of Punjab and Haryana at Chandigarh Date of decision: 28.04.2010 Ganwar Singh ... Petitioner Versus State of Haryana and others ... Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.Manoj Chahal, Advocate,for the petitioner. Mr.RS Kundu, Addl. AG, Haryana, for the respondents. PERMOD KOHLI, J. (Oral): The petitioner retired on attaining the age of superannuation on 30.09.2007. He has been granted all other retiral benefits except GPF to the tune of Rs.3,45,676/-. It is stated that during service, the petitioner met with an accident and suffered multiple injuries. He filed a claim petition under the Workman's Compensation Act, 1923 and claimed Rs.39,397/- which was awarded in his favour vide order dated 13.12.2005 passed under the aforesaid Act. The respondent-State filed an FAO No.3116 of 2006 (State of Haryana and others Vs. Ganwar Singh). However, in the said FAO, following order has been passed:- “Admitted. The amount be released to the respondents against adequate security. July 17, 2006 Sd/-S.N.Aggarwal, Judge” CWP No.1667 of 2010 2 On the basis of the aforesaid order, the entire GPF amount of Rs.3,45,676/- has been withheld by the respondents. The petitioner has accordingly filed this petition seeking a direction to the respondents to release the aforesaid amount along with interest. The stand of the respondents is also that on account of the interim order passed in the aforesaid FAO, the amount of GPF stands retained. The action and stand of the respondents are totally illegal and unjustified. The only direction given by the Court was to release the amount against adequate security. There was no direction to withheld the GPF amount that too much in excess than the amount of the claim under the Workman's Compensation Act. There was no justification to withheld the entire GPF amount. In view of the above circumstances, this petition is allowed. The respondents are directed to release the entire GPF amount in favour of the petitioner except a sum of Rs.39,397/- which shall be kept as security by the respondents and shall carry interest. The release of the security amount shall depend upon the outcome of the FAO referred here-in-above. The entire balance amount of GPF except a sum of Rs.39,397/- shall carry statutory interest as payable under the rules. Let the amount be release in favour of the petitioner within a period of one month from the date a certified copy of this order is made available to the competent authority. Copy dasti on payment of usual charges. 28.04.2010 (PERMOD KOHLI) BLS JUDGE