IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 7534 of 2006 Date of Decision: May 15, 2009 Satpal Maudgil ...... Petitioner Versus State of Haryana and others ...... Respondents Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr. A.S.Sullar, Advocate for the petitioner. Mr. Harish Rathee, Senior DAG, Haryana. **** 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? Ajay Tewari, J. This petition has been filed for the grant of retiral benefits. The petitioner joined service as Junior Teacher on 25.8.1955 On 15.7.1976 he submitted his resignation which was ultimately accepted on 29.4.83. By the present writ petition the petitioner has prayed for his retiral benefits. The petition has been resisted on two grounds. The first contention is that the petitioner having resigned, he is not entitled to pension. The second argument is that the writ petition is highly belated. Learned counsel for the petitioner has relied upon a CWP No. 7534 of 2006 -2- judgment of this Court in Mehar Singh v. State of Punjab and others reported as 2003(3) SLR 624 to contend that premature retirement from service and voluntary resignation from service will have the same effect and would amount to retirement. Pension is a recurring right and there is a catena of judgments to the effect that a recurring right such as pension cannot be completely denied on the ground of delay but the benefits accruing to such a person can be curtailed. In the circumstances the present petition is allowed and respondents are directed to count the admitted period of 21 years towards his pension and fix the pension of the petitioner. However, keeping in mind the delay it is directed that the arrears of pension would be limited to a period of 38 months prior to the date the initial representation (i.e.27.9.99) was made. Let the arrears be paid within a period of three months from the date of receipt of a certified copy of this order. In case the payment is not made within the said period the petitioner would be entitled to interest on the arrears from July, 1996 till the date of payment @ 8% per annum. (AJAY TEWARI) JUDGE May 15, 2009 sunita