COCP No.1884 of 2011 (O & M) ::1:: IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH COCP No.1884 of 2011 (O & M) Date of decision: 12.12.2011 Smt. Shakuntla Devi .... Petitioner Versus Sh. G. Vajralingam and others ....Respondents CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present: Mr.M.K. Dogra, Advocate, for the petitioner. Mr. G.S. Cheema, Sr. DAG, Punjab. **** AJAY KUMAR MITTAL, J.: (Oral) The grievance of the petitioner is that order passed in CWP No.21352 of 2010 dated 20.01.2011 was not being implemented by the respondents. 2. Upon notice having been issued to the respondents, reply by way of short affidavit of Gurmel Singh, Executive Engineer, has been filed in Court today. Same is taken on record. A copy thereof has been given to learned counsel for the petitioner. In the reply, it has been stated as under:- “3. That the CWP No.21352 of 2010 was disposed of in terms of the order dated 20.01.2011 passed in CWP No.5568 of 2008 of Charan Dass and others. The operative part of the said order is as under: COCP No.1884 of 2011 (O & M) ::2:: “In view of the above, the respondents are not entitled to effect any recovery from the petitioners either on account of retrenchment increments or special increments allegedly erroneously given. However, the respondents are entitled to re-fix the emoluments by reducing the special increments only. Consequently, the pay of the petitioners will be refixed and in case of those employees who have already retired from service, the retiral benefits shall be released within a period of two months. The petitioners shall also be entitled to interest on the delayed payment of pension/retiral benefits at the statutory rate wherever admissible and at the rate of 6% on pension and other retiral benefits where statutory interest is not provided for. Any amount deducted from the retiral benefits or the salary of the petitioners shall be refunded within the aforesaid period Ordered accordingly. Disposed off.” Dated 20.01.2011 Sd/- (PERMOD KOHLI) JUDGE 4. That in compliance to the order dated 20.01.2011 passed by the Hon'ble High Court, details of payment due to the petitioner has been COCP No.1884 of 2011 (O & M) ::3:: released as under:- Sr. No. Description Amount in Rs. Date of Payment Interest as applicable 1. GIS Not a member of GIS Scheme. More than 50 years age at the time of appointment. 2. GPF Not a member. 3. Leave Encashment 33,488/- 09.12.2011 4. Gratuity 34,535/- 09.12.2011 5. Interest on Gratunity w.e.f. 01.09.2000 to 30.11.2011 31,082/- 08.12.2011 @8% 6. Interest on Leave encashment w.e.f. 01.09.2000 to 30.11.2011 22,604/- 08.12.2011 @6% 7. Pension The workman is already drawing regular pension from the retirement date. 5. That the petitioner retired on 31.05.2000 and no recovery on account of special and retrenchee increments has been effected from the petitioner. Moreover, the pay of the petitioner has been refixed after reducing the special increments and incorporating the retrenchee increments." 3. Today, a banker's cheque bearing No.254002 dated 09.12.2011 amounting to Rs.68,023/- has been handed over to learned counsel for the petitioner i.e. the amount due on account of gratuity and leave encashment. It has further been stated that the interest on account of delayed payment of gratuity and leave COCP No.1884 of 2011 (O & M) ::4:: encashment has already been credited in the account of the petitioner. 4. In view of the above, no further action is called for in the present petition. Same stands disposed of. 5. It shall, however, be open to the petitioner to take recourse to the legal remedies, in accordance with law, in case any grievance still subsists. (AJAY KUMAR MITTAL) JUDGE December 12, 2011 sukhpreet