IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 12561 of 2008. Date of decision: 5.10.2010. Kapoor Chand ….. Petitioner Vs. State of H.P. & ors. …. Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioner : Mr. Dilip Sharma, Advocate. For the Respondents : Mr. R.K.Bawa, Advocate General with Mr. Ankush Dass Sood, Addl. A.G. and Mr. R.M. Bisht, Dy. A.G., for respondents No. 1 to 4. Mr. Sandeep Sharma, Asstt. Solicitor General of India, for respondent No.5. Justice Kurian Joseph, C.J. (Oral) The petitioner has filed the writ petition with the following prayers:- ( i) That the respondents may kindly be directed to pay the interest on the amount of GPF and GIS to the applicant at the rate of 18% per annum w.e.f. the date it was due to the applicant up to the date the same payment was actually made to the applicant. (ii) That the respondents may further be directed to release the amount of gratuity to the applicant alongwith interest. - 2 - (iii) That although the order of dismissal of the applicant was ordered on 13.2.2003, but the payment of the subsistence allowance of the applicant was stopped w.e.f. 24.2.1999 without any proper order by the respondent No. 3 which act of the respondent No. 3 is also illegal and the applicant is also entitled to the same benefits up to the date of issuance of actual dismissal order. 2. As rightly pointed out by the learned Deputy Advocate General, Annexure A-6 order dated 13.2.2003 whereby the petitioner has been dismissed from service w.e.f. the date of judgement of learned Sessions Judge dated 24.2.1999 is not under challenge. Therefore, therefore, the dismissal of all purposes has taken effect from 24.2.1999. If that be so, after dismissal there cannot be any question of subsistence allowance. 3. However, the petitioner is certainly entitled to interest of belated payment of G.P.F. and GIS. The stand taken by the respondents that beyond six months after dismissal, the interest on GPF cannot be paid, is not justifiable. It is not on account of any non-cooperation or any conduct on the part of the petitioner that the disbursement was delayed. The amount due to the petitioner was retained by the respondents and they had the benefit of that amount till the date of its disbursement. Therefore, the petitioner is certainly entitled to statutory interest on the GPF to be paid until the date of actual disbursement. The interest on GIS also shall be paid at the rates, if any, prescribed for delayed payment under the scheme and if not prescribed then the rate for delayed payment of GIS shall carry interest at the rate of 9%. The interest as above shall be paid with effect from 24.2.1999 till the date of actual disbursement.The amounts, as above, shall be worked out and will be paid to the petitioner within a period of three months from the date of - 3 - production of a copy of this judgement failing which the petitioner shall be entitled to interest at the rate of 18% on those amounts and the officers responsible for delaying the payment shall be liable for the same. Copy dasti. (Justice Kurian Joseph), Chief Justice. October 5, 2010. (Justice Kuldip Singh), (Hem) Judge.