STATE OF HARYANA Vs. SHAMSHER SINGH

JUDGEMENT

(1.) The trial court vide judgment dated 18.2.2010 decreed the suit filed by the plaintiff- respondent, along with interest @ 18% per annum. The appeal filed by the appellants- defendants was dismissed by the appellate court vide judgment dated 15.6.2010. Hence this regular second appeal.

(2.) Notice in this case was issued only qua rate of interest. Learned counsel for the appellants has urged that even if the State had no explanation for not disbursing the retiral benefits within time, then the plaintiff could not get interest more than 12% per annum on the said retiral benefits. In this regard, learned counsel for the respondent has placed reliance on the Full Bench judgment of this Court delivered in case A.J. Randhawa, Supdg. Engineer (Retd.) v. State of Punjab,1998 1 SST 343 wherein it was observed as under :-

(3.) Full Bench of this Court in A.J. Randhawa's case , after considering the cases, held that even in case where there is no satisfactory explanation for delay of disbursing the amount, the interest @ 12% per annum could be awarded. The Full Bench in A.J. Randhawa's case , in para No. 19 of the judgment further observed in this regard as under :-