C.W.P. No. 12107 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 12107 of 2010 Date of Decision : May 04, 2011 Shivdev Singh son of Kartar Singh .... PETITIONER Vs. State of Punjab and others ..... RESPONDENTS CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH * * * Present : Mr. N.S.Sidhu, Advocate, for the petitioner. Mr. G.S.Sidhu, Advocate, for respondents No. 1 to 6. Mr. V.K.Sandhir, Advocate, for respondent No. 7. * * * AUGUSTINE GEORGE MASIH, J. (ORAL) Counsel for the petitioner contends that the petitioner is claiming interest @ 9% P.A. on the delayed payment of pensionary/retiral benefits due to him on his date of retirement i.e. 30.11.2008, which were released to him on 20.04.2010. He contends that the payment was intentionally delayed by the respondents on the basis of a complaint filed by respondent No. 7 with a malafide intention and in the said complaint also, the petitioner was found to be innocent and the enquiry was dropped C.W.P. No. 12107 of 2010 2 against him. Counsel for the respondents submits that the reason for non- payment of the retiral benefits was primarily because of the pendency of enquiry against him on the date of his retirement. The allegations of malafide made against the respondents cannot be sustained as no finding was returned in this regard by the Enquiry Officer. However, he submits that the dues were duly paid to him after the completion of the enquiry and no further dues are pending now. I have heard counsel for the parties and have gone through the records of the case. There is no dispute that the petitioner, who retired on 30.11.2008, was entitled to his retiral benefits especially when the enquiry, which was instituted against the petitioner, had ended in a finding that the charges against the petitioner were not proved. The dues were finally paid to the petitioner on 20.04.2010. Thus, there is obviously a delay in making payment of the retiral benefits to the petitioner and, therefore, the petitioner is held entitled to interest @ 7% from the date of accrual till the date of disbursement. The amount due, on the basis of calculation of interest, shall be disbursed to the petitioner within a period of two months' from the date of receipt of a certified copy of this order. The petition stands disposed of accordingly. (AUGUSTINE GEORGE MASIH ) May 04, 2011 JUDGE pj