TARA CHAND TUSAMER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Execution Application has been filed for enforcement of the order dtd. 22/5/2019 (Annexure A-1) whereby the petitioner was held entitled for the benefit of interest @ 9% per annum on the retiral dues from 1/3/2013. The calculation of the amount of interest was to be done within a period of two months and released to the petitioner one month thereafter.

(2.) It is not disputed that interest element of Rs.1,50,876.00 has already been paid to the petitioner vide order dtd. 26/12/2019 (Annexure R-l). The same is on account of delay in release of the Leave Encashment and Gratuity which was paid to the petitioner on 11/3/2014 and 5/12/2014 since the petitioner had retired on 28/2/2013.

(3.) The claim of the petitioner is for interest on account of the element of commutation of pension which was released to him on 5/12/2014, which has not been paid to him. A perusal of the order dtd. 15/6/2020 (Annexure A-2) would go on to show that the reason to deny interest on the said amount is that commutation is just like a loan given to the retired employee on the basis of 40% of the commutation balance and the same is to be deducted from the pension over a period of prescribed years. Respondents have also filed reply placing reliance upon Rule 11.1(1) of the Civil Services Rules Vo1-II, 2016 to justify the denial of interest on the said amount of Rs.4,75,741.00. The said rule reads as under: