IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP 12141 of 2000 DATE OF DECISION : APRIL 29, 2008 GOBIND RAM ETC. ....... PETITIONER(S) VERSUS PUNJAB STATE ELECTRICITY BOARD & ANR. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. SK Sharma, Advocate, for the petitioners. Mr. PS Thiara, Advocate, for the respondents. AJAI LAMBA, J. (Oral) This writ petition has been filed seeking directions to the respondents to pay interest at the rate of 18% per annum or, in the alternative, according to Government letter, which has been adopted by the respondent-Board with regard to payment of interest. The contention of the learned counsel for the petitioners is that the petitioners had filed CWP 10296 of 1993, which was decided in their favour vide order dated 18.9.1997, appended with the petition as Annexure P-1. The claim made in the writ petition was for grant of Dearness Allowance on enhanced Gratuity. A Division Bench of this Court, having considered the issue, had allowed the claim. Since the petitioners had retired in the year 1985, therefore, they are entitled to payment of interest. It is also the contention of the learned counsel for the petitioners that other similarly placed persons have been allowed interest at the rate of 18% per annum. The State of Punjab, vide memo No.3/69/90- 2FPIII dated 2.3.1998, had clarified that interest on the arrears on account CWP 12141 of 2000 2 of revised Gratuity payable with effect from 9.7.1985, was to be paid up to the date of payment. Learned counsel for the respondents has, however, contended that although the petitioners were not entitled to the claim made in CWP 10296 of 1993, however, they have been paid the additional pensionary benefits and, therefore, they are not entitled to interest. I have considered the arguments raised by the counsel for the parties and have gone through the petition as also the written statement. The contention of the learned counsel for the respondents is not acceptable in view of the admitted fact that CWP No.10296 of 1993 filed by the petitioners was heard along with other cases and was decided under judgment dated 18.9.1997 delivered in CWP 16439 of 1993 (Kartar Singh etc. v. State of Punjab and another). The operative part of the judgment reads as under:- “We have heard the learned counsel for the parties and have gone through the file. The points raised by the A.G. Punjab, had been dealt with by this Court in L.P.A. No.756 of 1991 and had also been agitated in the Supreme Court not only at the time of filing of the S.L.P. against the said judgment but also by filing a Misc. Application which too was dismissed on 17.12.1996. We are, therefore, of the opinion that the argument of the learned A.G. Punjab cannot be accepted in the circumstances. We, therefore, allow the writ petitions in the light of the judgment of this Court in Dr.Asa Singh's case (supra) and direct the respondents that all the pensionary dues which would become payable to the petitioners on account of this judgment shall be paid to them within six months from date of receipt of copy of this order. No costs.” It has further not been disputed by the learned counsel for the respondents that the judgment attained finality and, accordingly, the petitioners were paid their dues, in terms of the judgment. In these facts and circumstances, it does not lie with the respondents to, now, contend that although the petitioners were not entitled, however, they have been paid the additional pensionary benefits and, therefore, were not entitled to interest on delayed payment. A perusal of para-6 of the petition shows that there is a specific averment to the effect that interest on arrears on account of CWP 12141 of 2000 3 revised Gratuity was required to be paid under Memo dated 2.3.1998, as noticed in the earlier part of the judgment. Reply to the said contention indicates that the factum of payment of interest to others under the memo referred to above, has been admitted. Having regard to the facts and circumstances of the case and also the fact that other similarly situated persons have, admittedly, been paid interest, a direction is issued to the respondents to consider the claim of the petitioners in the light of judgment (Annexure P-1) titled Kartar Singh and others v. State of Punjab and another, decided on 18.9.1997, for payment of interest within two months from the date of receipt of a certified copy of this order. The writ petition stands disposed of with the above directions. April 29, 2008 ( AJAI LAMBA ) Kang JUDGE