CIVIL WRIT PETITION NO.9869 OF 2009 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: AUGUST 20, 2009 Krishan Gopal .....Petitioner VERSUS The State of Haryana and others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? PRESENT: Mr. H. N. Khanduja, Advocate, for the petitioner. Mr. Harish Rathee, Sr.DAG, Haryana, for the State. **** RANJIT SINGH, J. (ORAL) The petitioner has retired as S.S.Master from Government Middle School, Panauri (Karnal) on 28.2.2009. He applied for release of his G.P.Fund. On 5.3.2009, the petitioner was apprised that sum of Rs.10,154/- had been wrongly credited to his account during the years 1987-88. Accordingly, this principal sum, alongwith interest that has accrued thereon, was directed to be deducted from the final payment of G.P.Fund released in favour of the petitioner. This amount works out to be Rs.82,650/-. The interest CIVIL WRIT PETITION NO.9869 OF 2009 :{ 2 }: element in this amount, thus, is Rs.72,496/-0. After deducting this amount, the remaining G.P.Fund of the petitioner has been released on 13.3.2009. The petitioner represented against the same. He also sought an information, which has now been supplied to him and it is on this basis, he came to know the reasons for deducting this amount. He has accordingly filed this writ petition to impugn this order on the ground that he was not responsible for excess crediting of this amount into his G.P.Fund account and hence, can not be penalized by charging interest on the amount, which was credited in excess in his account by the Accountant General Office. Notice of motion was issued. Reply is filed. It is mentioned that the excess amount that was credited in the G.P.Fund account of the petitioner has been calculated for the purpose of recovery in the same manner it has earned interest while it kept lying in the account of the petitioner. It is on this basis stated that the amount of Rs.10,154/-, which was deposited in excess has earned an interest of Rs.72,496/-. Though not stated in the reply but it is disclosed during the course of arguments that compound interest @ 12% per annum has been charged It is not disputed that this amount credited in the GPFund account of the petitioner was not due to him and it has been inadvertently so credited into his account. The petitioner is not responsible for this mistake in any manner. The fault in this regard, if any, is that of the Accountant General's Office. Can this amount be still recovered as done? It is a fact that the excess amount has accumulated into the G.P.F payable to the petitioner. The respondents have woken up too late when this amount being CIVIL WRIT PETITION NO.9869 OF 2009 :{ 3 }: deducted has pinched the petitioner. The State is justified in saying that they are only recovering the amount with interest, which the amount of Rs.10,154/- has fetched. The responsibility in this regard is squarely of the respondent (Accountant General's Office). The respondents, thus, must suffer the part of loss for their mistake. Deducting this huge amount from the petitioner may not sound fair. It will be, thus, appropriate to say that the respondents must also share some responsibility for the mistake, which is clearly on their part. To balance the equities, I deem it appropriate to reduce the rate of interest that has been taken into consideration for the purpose of calculating this amount. Counsel for the parties agree that 6% per annum would be appropriate rate of interest for calculating this amount for the purpose of recovery. Accordingly, this amount of Rs.10,154/- be recovered alongwith interest at the rate 6% per annum from the date it was deposited in excess in the account of the petitioner till the date of payment. That in my view would be the fair approach having regard to the facts and circumstances of the case. The writ petition is accordingly disposed of. August 20,2009 ( RANJIT SINGH ) khurmi JUDGE