CWP No.14901 of 2001.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.14901 of 2001 Date of Decision: 24.02.2010 **** Raghbir Singh . . . . Petitioner VS. State of Punjab and others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. R.K. Arora, Advocate for the petitioner Ms. Charu Tuli, Sr. DAG, Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner retired as a Punjabi Teacher from the Education Department, Punjab on 30.09.1994. He seeks a writ in the nature of mandamus to direct the respondents to release all the retiral benefits and then grant interest @ 24% per annum on the delayed payments. (2). Upon notice, though the respondents have not filed any formal reply/affidavit, however, they have placed on record a chart depicting the details of payments made to the petitioner from time to time. CWP No.14901 of 2001.doc - 2 – (3). It is apparent from the chart that though there was no charge-sheet and/or disciplinary action pending against the petitioner, yet the arrears of provisional pension from October 1994 to February, 2000 and again from September 2000 to April 2002 amounting to Rs.2,78,118/-, were drawn on 1st June, 2002 and Cheque was issued on 22nd July, 2003 only. Similarly, the arrears of GPF amounting to Rs.78081/- were drawn on 23.08.2002 and a cheque was issued on 22nd July, 2003. The provisional pension for the period from February, 2000 to August, 2000 amounting to Rs.31938/- is claimed to have been paid in School but when and how was it paid, is not disclosed. (4). The provisional pension for the period from May, 2002 to 31st December, 2005, amounting to Rs.2,34,212/- was paid on 23rd January, 2006. A sum of Rs.5570/- towards earned leave was paid on 7th November, 2000. Likewise, the Gratuity amounting to Rs.40260/- was paid on 27th February, 2006, followed by another payment of Rs.5019/- towards missing credit of GPF on 26.05.2006. The provisional pension @ 100 per cent amounting to Rs.163393/- was paid to him on 27.02.2006. CWP No.14901 of 2001.doc - 3 – (5). The above-noticed dates would speak for themselves that the petitioner has been dealt with in a most unfair and arbitrary manner, may be at the instance of some official(s)/officer(s) who might have an axe to grind against him. Suffice it to observe that the petitioner, who retired in September, 1994 has been paid the retiral benefits only in part and that too after almost 10 years in the year 2003, except a part amount of Rs.5570/- paid in 2000. (6). The writ petition is, accordingly, allowed. The respondents are directed to pay interest to the petitioner @ 9 per cent per annum w.e.f. 01.01.1995 till the actual payment of each of the retiral benefits. In addition, the petitioner shall be paid a costs of Rs.10000/-. (7). That apart, the Director, Public Instructions (SE), Punjab is directed to hold an enquiry and fix the responsibility of the official(s)/officer(s) who were responsible for the inordinate delay caused in the release of the retiral benefits to the petitioner. The amount of interest as well as the costs ordered to be paid to the petitioner shall thereafter be personally recovered from the delinquent official (s)/officer(s) and a compliance report shall be sent CWP No.14901 of 2001.doc - 4 – to this Court, failing which the Registry is directed to list the matter for suo motu contempt proceedings on 25.10.2010. It is directed that the arrears of interest and costs shall be paid to the petitioner before 31.05.2010. (8). Ordered accordingly. (9). Dasti . (SURYA KANT) JUDGE 24.02.2010 vishal shonkar