CWP No.13926 of 2007 - 1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.13926 of 2007 Date of Decision: 18.1.2008 Sardul Singh ..Petitioner. Vs. State of Punjab and others ..Respondents. CORAM : HON'BLE MR.JUSTICE MEHTAB S.GILL HON'BLE MR.JUSTICE RAKESH KUMAR JAIN * * * Present: Mr.G.S.Sandhawalia, Advocate with Mr.Deepak Sabharwal, Advocate for the petitioner. Mr.K.S.Dadwal, Addl.AG Punjab for the respondents. * * * RAKESH KUMAR JAIN, J. The petitioner has approached this Court under Article 226 of the Constitution of India with the following prayers :- (a) issue a writ in the nature of certiorari for quashing of order dated 19.7.2007 (P-15) passed by respondent No.2 whereby it has been ordered that the petitioner is liable to pay 1/5th share on the basis of the enquiry report dated 30.9.2005 and he has been directed to submit affidavit to the effect that he would not claim any interest on Death-cum-Retirement Gratuity of Rs.2,00,376/- withheld since 28.02.1999, (b) issue a writ in the nature of mandamus directing the respondents to pay to the petitioner the said Gratuity alongwith interest @ 12%per annum from 01.6.1999 till the actual date of CWP No.13926 of 2007 - 2- payment. Notice of motion was issued for today. Reply on behalf of respondents No.1 to 3 has been filed by Superintending Engineer, Patiala Drainage Circle, Patiala. We have heard the counsel for the parties and perused the record. It has been submitted in the reply that an amount of Rs.1,75,331/- on account of D.C.R.G has been paid to the petitioner on 4.12.2007 after deducting 1/5th share of the total loss caused to the Government which amounts to Rs.25045/-. Counsel for the petitioner did not challenge deduction of 1/5th share of the amount from the D.C.R.G., however, the only question that has been raised by him is with regard to the award of interest @ 12% per annum to the delay in payment of the aforesaid amount for a period of two years w.e.f. 30.9.2005 when the enquiry was completed. The petitioner has relied upon instructions dated 14.7.2005 (Annexure P-17) in which it is provided that interest @ 10% shall be paid on all delayed payments of pension and D.C.R.G. for the period beyond three months after these benefits become due to the end of the month preceding the month in which the orders for making actual payments are issued to the pensioners' concerned. Counsel for the State could not produce anything to the contrary. In these circumstances, we are inclined to accept the prayer made by the petitioner before us during the course of arguments in respect of the interest and as such, the respondents are directed to grant interest @ 10% to the petitioner on the amount having been paid on 4.12.2007 on CWP No.13926 of 2007 - 3- account of D.C.R.G. w.e.f. January 2006 to 4.12.2007 within a period of two months after the receipt of certified copy of this order. No other point has been raised. The writ petition is, thus, disposed of in the above terms. (Rakesh Kumar Jain) Judge ( Mehtab S.Gill ) 18.1.2008 Judge Meenu