Civil Writ Petition No. 178 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 178 of 2011 Date of decision:-26.7.2011 Som Singh ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Dhiraj Chawla, Advocate for the petitioner. Ms. Kavita Arora, AAG Punjab. RITU BAHRI J.(Oral) This writ petition under Article 226 of the Constitution of India for quashing of order dated 23.9.2010 (Annexure P-9) whereby representation of the petitioner for grant of interest on the delayed retiral benefits has been rejected. It is not disputed that petitioner was superannuated on 30.09.2005 as Superintendent Engineer. Before his retirement, the petitioner was involved in vigilance case on 24.8.2004 on complaint of a contractor and FIR No.37 dated 24.8.2004 under Section 7, 13(2) of the Prevention of Corruption Act was registered against the petitioner. Petitioner was suspended vide order dated 06.9.2004. He remained under suspension upto 24.1.2005. The petitioner was re-instated in service on 19.1.2005. Vide order dated 19.1.2005 he joined the duty on 25.1.2005. The Department did not grant sanction for prosecuting the petitioner in the FIR. Consequently, the Vigilance Bureau prepared the Civil Writ Petition No. 178 of 2011 -2- cancellation report. Vide order dated 26.9.2005 the petitioner was promoted to the post of Superintendent Engineer. Eventually, he retired on 30.9.2005. After his retirement he was granted provisional pension. Grievance of the petitioner is that consequential retiral benefits were delayed. The pension papers of petitioner were proceeded, eventually pension was sanctioned to the petitioner on 14.6.2010. In the reply filed by the Department it is mentioned that the leave pension papers were submitted by the petitioner on 16.10.2008. The suspension period was regularized by the respondent vide (Annexure P-4) dated 21.4.2008. Thereafter, on 24.7.2008 his basic pay was fixed. The petitioner could complete his papers and submit the same for release of retiral benefits. Counsel for the petitioner has argued that the Vigilance Bureau has presented the cancellation report before his retirement and he was promoted on 26.9.2005. There was no occasion for the Department to keep the matter pending for deciding the suspension period for three years. This delay is not attributed to the petitioner. However, since as per the mandate of rules, the order had been passed, and thereafter pension papers could be completed on 16.10.2008. Counsel for the State has tried to explain the delay by stating that there was some departmental inquiry with regard to some complaint, which was subsequently dropped on 04.11.2009 (Annexure R-1). In the reply, it has not been mentioned that as to on which date this complaint was instituted. The pension and gratuity amount i.e. Rs.3,50,000/- has been sanctioned by the respondent No.2 vide order dated 14.6.2010 on account of the fact that all the pension papers have been completed. Petitioner is held entitled to the interest on retiral benefits w.e.f. 16.10.2008 @ 6% per annum on GIS, Civil Writ Petition No. 178 of 2011 -3- Gratuity and Pension. The respondents are directed to release the same to the petitioner within a period of four months from the date of receipt of certified copy of this order. The writ petition is accordingly allowed. July 26, 2011 ( RITU BAHRI ) Vijay Asija JUDGE