CWP No.18381 of 2009.doc IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.18381 of 2009 Date of decision : 13.5.2010 Asha Nand ...Petitioner Versus State of Punjab and others …Respondents CORAM : HON’BLE MR. JUSTICE AJAY KUMAR MITTAL **** Present: Mr. Kuldeep Singh Kapur, Advocate, for the petitioner. Mr. Satish Bhanot, Addl. AG, Punjab, for respondent Nos.1 to 3. Mr. Deepak Sharma, Advocate, for Mr. Anil Kumar, Advocate, for respondent No.4. **** AJAY KUMAR MITTAL, J. (ORAL) The petitioner has approached this Court by way of the present writ petition seeking issuance of a writ in the nature of mandamus directing the respondents to release the retrial benefits i.e. commuted value of pension and arrears of pension with the averments that the petitioner was working as Peon with the respondent-Municipal Council and retired from its services on 31.3.2009 after attaining the age of superannuation. Upon notice of motion having been issued, separate replies on behalf of respondent Nos.1 to 3 and 4 have been filed. It has 1 CWP No.18381 of 2009.doc been stated in para 8 of the reply filed on behalf of respondent Nos.1 to 3 that cheque No.352018 dated 25.01.2010 amounting to Rs.2,66,168/- has been handed over to the petitioner towards the payment of commutation of pension and arrears of pension. This fact has not been disputed by the learned counsel for the petitioner. He, however, states that liberty may be granted to the petitioner to claim interest on the delayed payment of the said amount by filing a representation to the respondents. After hearing learned counsel for the parties and in view of the aforesaid development, the writ petition is disposed as infructuous. However, the petitioner would be at liberty to file a representation to the respondents claiming interest depicting that the delay in payment of retrial dues is attributable to the respondents and, therefore, the petitioner is entitled to interest on the amount so released. In case, such a representation is filed, the same shall be decided by the respondents expeditiously by passing a speaking order. May 13, 2010 (AJAY KUMAR MITTAL) atulsethi JUDGE 2