IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH L.P.A. No. 593 of 2011(O&M) Date of Decision : March 28, 2011 Inder Singh Jain ....Appellant Versus State of Haryana and others .....Respondents CORAM : HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MR. JUSTICE T.P.S.MANN Present: Mr. N.K.Malhotra, Advocate for the appellant. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M.KUMAR, J. 1. The instant appeal under Clause X of the Letters Patent is directed against the judgment dated 17.9.2010 rendered by the learned Single Judge holding that the appellant is entitled to payment of leave encashment alongwith interest @ 9% per annum. Likewise the dues claimed in paragraph 4 of the writ petition in the shape of Provident Fund of Rs.2,65,000/-; difference of EPF amount, CPF amount prior to 1982 and arrears of revision of pay scales with dearness allowance have also been held payable to the appellant with further directions that if any claim mentioned in paragraph 4 of C.W.P. No. 17797 of 2004, which is exclusively payable by the respondents and if not paid to the petitioner LPA No. 593 of 2011(O&M) -2- then the same shall be paid by Management-respondent Nos.3 and 4 alongwith statutory interest. 2. The only issue raised by the appellant in the instant appeal is that the rate of interest @ 9% per annum is wholly inappropriate and the appellant deserves to be awarded interest @ 18% per annum as has been granted to Shri R.K.Bansal in C.W.P. No. 3096 of 2001 decided on 26.8.2010. The submission made by the leaned counsel for the appellant is not sustainable because it is the discretion of the learned Single Judge to award interest keeping in view the peculiar facts and circumstances of each case and in this matter the discretion has been exercised in a rational manner. Moreover, the rate of interest keep on varying and in 2002 the rate of interest was much higher. The appeal does not merit admission. Infact the appellant has been given all his dues by the learned Single Judge. Therefore, the appeal is without any merit and is, hereby, dismissed. ( M.M.KUMAR ) JUDGE ( T.P.S.MANN ) March 28, 2011 JUDGE ajay-I