IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No.: 2798/2008 Decided on:26.3.2009 Dr. V.K. Bhargava. …Petitioner. Versus State of Himachal Pradesh and another. …Respondents Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting ?1. No For the petitioner : Mr. Ranjan Sharma, Advocate. For the Respondents : Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Vikas Rathore, Deputy Advocate General. Rajiv Sharma, J. (Oral) The case of the petitioner, in nutshell, is that he has not been paid his retiral benefits i.e. gratuity, GPF, leave encashment, commutation of pension etc. with effect from 6.8.1991. His further case is that since he has not been given any posting order with effect from 23.8.1984 to 15.1.1985, he has not been paid the salary for this period. It has come in the reply that as far as the leave encashment is concerned the same has been paid to the petitioner and regarding others, the matter was under consideration. The reply was filed on 19.6.1996. In normal circumstances the decision to pay the retiral benefits has to be taken within a reasonable period. The matter cannot be permitted to 1 Whether the reporters of Local Papers may be allowed to see the judgment? No 2 remain pending for more than a decade dealing with the releasing of retiral benefits. The retiral benefits became available to the petitioner on 6.8.1991. Accordingly, the petition is allowed. The respondents are directed to release the retiral benefits to the petitioner within a period of eight weeks from today with interest @ 9% per annum. As far as the period with effect from 23.8.1984 to 15.1.1985 is concerned, the same has been treated as earned leave. It is not disputed that the petitioner was prevented from discharging his duties with effect from 23.8.1994 to 15.1.1985 for want of proper posting orders. This period shall also be taken into consideration by the respondents while calculating the retiral benefits of the petitioner. 26.3.2009 (Rajiv Sharma ), J. *awasthi*