CWP No. 7233 of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 7233 of 2006 Decided on : 20-07-2010 Balkar Singh Bajwa ....Petitioner VERSUS GHG Khalsa College of Education, Gurusar Sadhar, Ludhiana and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. D.S.Rawat, Advocate for the petitioner. Mr.Vipul Jindal, Advocate for the respondent no.1. Mr. Suvir Sehgal, Addl A.G, Punjab. MAHESH GROVER, J Learned counsel for the petitioner states that disputed amount on account of leave encashment and gratuity has been paid to him and only prayer that has been made now is that he may be given interest on this amount which was wrongly withheld by the respondents. Learned counsel for the respondent disputes his liability to pay interest. He states instructions regarding eligibility of the petitioner for leave encashment and gratuity came in the year 1997 and the petitioner represented to the respondents for the first time in the year 2004 even though he retired in the year 1995. He thus contends that petitioner himself committed lapse in making representation in the year 2004. Plea of the respondent is mis-placed. The fact that petitioner represented in the year 2004 will not make any difference to his case. CWP No. 7233 of 2006 2 Respondent as a modal employer should have released the benefits of the petitioner on its own accord and should not have created a situation for the petitioner constraining him to file the present petition. Even though the amount for the period from 2004 to 2010 has been paid to the petitioner but there is no justification which has been offered by the respondent for withholding the legitimate benefits of the petitioner. However, there is some justification in saying that since the instructions came in the year 1997 vide which the petitioner was held eligible for leave encashment and gratuity and therefore, it would be in the fitness of things that if the petitioner is granted interest on the amount withheld by the respondents at the rate of 9% per annum from 1997 till the date of its realisation. The amount on account of interest after calculation shall be paid to the petitioner within a period of two months. Disposed of. July 20, 2010 (Mahesh Grover) rekha Judge