IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.1409 of 2011 Date of Decision:1.11.2011 J.P. Sharma .... Petitioner Versus Haryana Warehousing Corporation ... Respondent CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. Narender Yadav, Advocate for the petitioner. Mr. Ashwani Talwar, Advocate for the respondent. **** 1.Whether Reporters of Local Newspapers 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? NIRMALJIT KAUR, J. (Oral) The prayer in the present petition is two fold. First for quashing of the Show Cause Notice dated 8.1.2010 (P-2) whereby the respondent refused to release the gratuity, leave encashment, commuted leave etc. to the petitioner. With respect to the said prayer, learned counsel for the respondent submitted that the said Show Cause notice stands decided on 9.9.2011. The said order deciding the Show Cause Notice has been placed on record as Annexure R-1. So far as the petitioner is concerned, recovery of Rs.98,153.42 was ordered. As such, this prayer is rendered infructuous. The second prayer is for issuance of a writ in the nature of mandamus directing the respondent to release the gratuity, leave encashment, commuted leave, arrears of revised pay scale etc. alongwith interest at the rate of 18%. CWP No.1409 of 2011 -2- With respect to the second prayer, it is submitted that the retiral benefits of the petitioner were withheld only on account of pendency of Show Cause Notice and non finalisation of NDC and after the decision of the same, the retiral benefits have been ordered to be released vide various office orders. As such, the said prayer too is rendered infructuous. However, now the only dispute which remains to be decided is qua the interest. It is not disputed that the petitioner retired way back on 30.4.2009 and the retiral benefits was ordered to be released only on September, 2011. Even though Show Cause Notice was pending, the respondent could not have withheld the pension. It is also not disputed that as per Rule 10(1) of the Haryana Warehousing Corporation Employees Pension Regulation,1996, the petitioner is entitled to the interest on the delayed payment towards retiral benefits. In view of the above, the respondents are directed to pay the interest at the rate of 9% towards delayed payment of retiral benefits except for the gratuity. The same be disbursed to the petitioner within one month from today. Disposed of in the above terms. 1.11.2011 ( NIRMALJIT KAUR ) rajeev JUDGE