CWP No.4644 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.4644 of 2009 (O&M) Date of Decision: 27.04.2010 **** Raghbir Singh . . . . Petitioner VS. State of Punjab and others . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers 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? **** Present: Mr. N.S. Kandhola, Advocate for the petitioner Ms. Charu Tuli, Sr. DAG, Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner seeks quashing of the order dated 25.07.2003 (Annexure P6), whereby, amount of Rs.1,13,130/- being 1/4th share of the interest amount of Rs.4,52,521/- paid by the State Government to Smt. Harjinder Kaur w/o late Shri Narender Singh, has been ordered to be recovered from the petitioner. (2). Smt. Harjinder Kaur had earlier approached this Court by way of CWP No.1212 of 2000 seeking a direction to the State of Punjab and its authorities for the release of Gratuity and other retiral dues of her deceased CWP No.4644 of 2009.doc - 2 – husband besides the revision of her own family pension. While deciding that writ petition this Court found that even though Dr. Narender Singh had died on 29.09.1996, yet the service benefits admissible to his family were not released for years. Consequently, the following direction was issued:- xxx xxx xxx xxx xxx xxx xxx xxx “………I consider it appropriate in view of the facts of this case to grant interest upon the amount @ 12% p.a. w.e.f. 1.1.1997 up to the date of actual disbursement of the amount. This amount shall be paid to the petitioner within three months, failing which the rate of interest shall be payable at the rate of 24% p.a. It is further made clear that the interest shall be recovered by the Government from officer(s) who were responsible for sanctioning the pension and disbursal of the same. The Government shall not reimburse the said payment to the said officer(s) under any Head of the Government whatsoever.” xxx xxx xxx xxx xxx xxx xxx xxx (3). The State Government thereafter held an enquiry and pursuant thereto, four officials were held responsible for causing the inordinate delay in the release of service dues of the deceased employee. The petitioner, who at the relevant time, was posted as Assistant Controller (Finance & Accounts) was also amongst the four officials found guilty of causing delay. Consequently, vide the impugned order 1/4th share of the arrears of interest CWP No.4644 of 2009.doc - 3 – paid to Smt. Harinder Kaur have been ordered to be recovered from the petitioner. (4). Besides assailing the impugned order dated 25.07.2003 (Annexure P6) on merits and asserting that the petitioner was not at all responsible for the delay in the release of the service benefits of late Dr. Narender Singh, his learned counsel urges that the petitioner, at the best was liable to pay 1/4th of the interest amount to be calculated @ 12% per annum as was directed by this Court. He submits that even after issuance of court direction, the respondents failed to pay the arrears of interest @ 12% per annum to Smt. Harjinder Kaur within three months and having defaulted in doing so, that they had to pay interest @ 24% per annum as was directed by this Court vide order dated 09.05.2001 (Annexure P1). It is urged that compliance of the directions issued by the High Court was not within the control of the petitioner, therefore, he cannot be asked to contribute towards 1/4th liability @ 24% p.a. as the further delay in implementation of the decision of this Court is solely attributable to the respondent authorities. (5). Having heard learned counsel for the parties at some length, I do not find any ground to interfere with the CWP No.4644 of 2009.doc - 4 – impugned liability fastened on the petitioner to the extent of payment of 1/4th of the interest amount awarded by this Court to Smt. Harjinder Kaur. However, the petitioner appears to be right in contending that had the respondents paid the interest @ 12% p.a. in compliance with the orders of this Court within the stipulated period, his liability would have been substantially reduced. The petitioner could do nothing to ensure timely implementation of the Court orders within three months. He, therefore, cannot be asked to share a liability incurred without his fault. The petitioner is, thus, liable to contribute his 1/4th share towards the arrears of interest @ 12% only. (6). The writ petition is accordingly allowed in part; the respondents are directed to re-determine the liability of the petitioner towards 1/4th of the interest amount payable to Smt. Harjinder Kaur @ 12 % per annum as was directed by this Court vide order dated 09.05.2001 (Annexure P1). The excess amount, if any, already recovered from the petitioner shall be refunded to him within a period of four months from the date of receipt of a certified copy of this order. (7). Ordered accordingly. (8). Dasti . CWP No.4644 of 2009.doc - 5 – (SURYA KANT) JUDGE 27.04.2010 vishal shonkar