CWP NO.1617 OF 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 12.2.2009 Atma Singh ...Petitioner VERSUS State of Punjab & Others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Manvinder Singh Bal, Advocate Mr.BS Chahal, DAG, Punjab Permod Kohli, J. (Oral) Notice of motion. On the asking of this Court, Mr.B.S.Chahal, DAG, Punjab accepts notice on behalf of the respondents-State. In view of the short controversy involved, this petition is disposed of at motion stage. The petitioner has filed this petition claiming interest on the delayed payments of pensionary/retiral benefits. The petitioner was working on Class IV post and he retired on attaining the age of 58 years. The petitioner raised dispute in CWP No.1796 of 1996 and this Court vide its judgment dated 27.9.2006 allowed the writ petition and the order retiring the petitioner at the age of 58 years was set aside and he was allowed to continue in service upto the age of 60 years and further directions were CWP NO.1617 OF 2009 (O&M) 2 issued for payment of arrears of salary, pensionary/retiral benefits etc. However, no interest was allowed by this Court. This judgment was affirmed by Hon'ble Division Bench of this Court in LPA No.72 of 2007 and finally by Hon'ble Supreme Court in SLP No.10093 of 2007. In none of the aforesaid judgments, the petitioner was allowed interest. It appears that either the petitioner did not claim the interest and if claimed not granted. In both the situations, the petitioner cannot file separate writ petition. However, the statutory interest under law is payable to the petitioner. This petition is accordingly disposed of with a direction to the respondents to pay the statutory interest, if any, payable within a period of three months from the date a certified copy of this order is furnished to the competent authority. (PERMOD KOHLI) JUDGE 12.2.2009 MFK