LAWS(SC)-2006-9-51

STATE OF PUNJAB Vs. GANPAT RAJ

Decided On September 12, 2006
STATE OF PUNJAB Appellant
V/S
GANPAT RAJ Respondents

JUDGEMENT

(1.) Leave granted.

(2.) As noted by this Court in State of Punjab and Others vs. Phulan Rani and Another (2004) 7 SCC 555), a simple matter has unnecessary been complicated as a result of which there has been inordinate delay in disposing of the matter.

(3.) Respondent filed Civil Writ Petition No.943 of 2000 in the Punjab and Haryana High Court praying, inter alia, to issue a writ in the nature of mandamus directing the present appellants to pay interest @ 18% on delayed payment of pension, arrears of pension, DGRC, computation of pension and arrears of GPF arrears and other retirement benefits. The writ petition was sent to Lok Adalats for settlement being a pension matter and the matter was allowed on 4.3.2003 without any settlement compromise between the parties. It is to be noted that the appellants contested the claim and filed written statement to the writ petition. Lok Adalat awarded 12% interest for the delayed payments. A writ petition was filed by the appellants before the Punjab and Haryana High Court challenging the order dated 4.2.2003 passed by the Lok Adalat in Civil No.943 of 2000. The same was dismissed holding that the petition was misconceived. Though the High Court accepted that the disposal by the Lok Adalat was not the proper course, yet it was held that on merits respondent was entitled to relief.