CWP No.6639 of 2002 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.6639 of 2002 Decided on : 01 -07-2010 Hazura Singh ....Petitioner VERSUS State of Punjab and another ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. N.K.Nagar, Advocate for the petitioner Mr. Surinder Kapoor, Addl. A.G., Punjab MAHESH GROVER, J The only prayer made in the instant petition is for release of the pension amount for the period 1.10.1997 to 31.1.1999 which as per the own showing of the respondent has not been paid since the matter was sent to the Treasury in the year 2000. The contention of the learned counsel for the petitioner is that the petitioner retired on 30.9.1997 but his pension was released in the year 1999 and therefore, he is entitled to the interest at the rate of 18% p.a for the inordinate delay caused by the respondents. He further contended that other benefits for the period i.e. From 1.10.1997 to 31.1.1999 had also not been released to him despite the fact that the matter had been referred to the Treasury. Learned counsel for the respondent states that there is no justification for awarding interest to the petitioner as pension was paid in the year 1999 and for the remaining benefit for the period from 1.10.1997 CWP No.6639 of 2002 2 to 31.1.1999 the matter has already been referred to the Treasury for the disbursement to the petitioner. After hearing learned counsel for the parties, I am of the considered opinion that there is no dispute that the petitioner was in service of the respondent and had retired on 30.9.1997. It is settled a principle of law that pension is not a bounty and respondent cannot withheld the same for the reasons which are not justifiable. No such material has been shown which could justify the withholding of the pension for two years. Therefore, this Court is of the opinion that since no justification has been shown for withholding the amount of the pension of the petitioner for almost 2 years and whereas this benefit ought to have been granted to the petitioner within a reasonable time and delay of two years cannot be considered reasonable; the petition deserves to be allowed. Having regard to the aforesaid, it is directed that the petitioner shall be entitled to receive interest at the rate of 7 per cent per annum on the pensionary amount which was released to him in the year 1999. Likewise, it is directed that the amount pertaining to the period from 1.10.1997 to 31.1.1999 be also released to the petitioner, if not already released to him by now, within a period of two months from today alongwith interest at the rate of 7 per cent per annum from the date when it became due to the petitioner till the date of its realisation. Petition stands disposed of. July 01, 2010 (Mahesh Grover) rekha Judge