IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH C.W.P. No. 14631 of 2007 Date of Decision: April 22,2008 Charanjit Singh Dhillon ................................................. Petitioner Versus State of Punjab and others .......................................... Respondents Coram: Hon'ble Mr. Justice Ashutosh Mohunta Hon'ble Mr. Justice Kanwaljit Singh Ahluwalia Present: Mr. Sandeep Khunger, Advocate for the petitioner. Mr. Salil Sagar, Addl. A.G.Punjab with Mr. Yatinder Sharma, DAG, Punjab. Mr. Sanjiv Sharma, Advocate for respondent No.3. .... ASHUTOSH MOHUNTA, J. The petitioner has prayed that directions be issued to the respondents to release the retiral benefits of the petitioner such as Gratuity, Leave encashment, Arrears of proficiency step-up and the unpaid TA Bills along with interest. Learned counsel contends that the petitioner retired from service of respondent No.3 on 30.9.2003 but despite that he has not been paid his retiral dues. Reply has been filed on behalf of respondent No.3. Counsel for respondent No.3 states that the Punjab Government has written a communication to the petitioner dated 21.4.2008 which reads as under:- [ 2 ] C.W.P. No. 14631 of 2007 “The Punjab Government has released treasury cheque no. 913505 dated 04.04.2008 drawn on State Bank of India, Chandiglarh for Rs.3,69,030/- subject to Audit from Local Audit Office in C.W.P. No. 14631 of 2007. After Audit, the total amount of leave encashment and gratuity comes to Rs.3,35,819/- instead of Rs.3,69,030/- as the suspension period from 22.11.95 to 02.04.97 is not to be taken as duty period in terms of any entry to this effect in your service book. Thus there is an excess amount to the tune of Rs.33,211/- in view of the above note in your service book. Now the Gratuity is payable for 315 days instead of 345 days and leave encashment for 118 days instead of 131 days. Your proficiency step-up on completion of 16 years has to be reckoned for Rs.8,445/- in view of the said note. The aforesaid amount add up to Rs.41,656/-. You are advised to collect treasury cheque of Rs.3,69,030/- after depositing demand Draft of Rs.41,656/- (Rs. Forty one thousand six fifty six only) in favour of Punjab Land Development and Reclamation Corp. Ltd., payable at Chandigarh.” Learned counsel further states that if the petitioner deposits a sum of Rs.41,656/- in favour of respondent No.3 then a cheque of Rs.3,69,030/- shall be released to the petitioner. Counsel for the petitioner, however, submits that as the petitioner is a retired employee he does not have the means to deposit a sum of Rs.41,656/- and, therefore, this amount be deducted while making final payment of retiral dues to the petitioner. [ 3 ] C.W.P. No. 14631 of 2007 After hearing the counsel for the parties, we direct respondent No.3 to pay the entire amount of retiral dues to the petitioner after deducting an amount of Rs.41,656/-. The payment be made to the petitioner within a period of one month from today. As far as the question of interest on the delayed payment of retiral dues is concerned, the respondents are directed to pay interest at the rate of 9% per annum on the delayed payment of retiral dues. Disposed of accordingly. ( ASHUTOSH MOHUNTA ) JUDGE ( KANWALJIT SINGH AHLUWALIA ) 22.4.2008 JUDGE rupi