SURESH KUMAR Vs. HARYANA VIDYUT PRASARAN NIGAM

JUDGEMENT

(1.) The present writ petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of mandamus directing the respondents to count daily wages services from 9/2/1982 to 1/10/1992 for the purpose of retiral benefit and after counting the daily wages services, the pensionary benefits i.e. gratuity, leave encashment and commutation of pension and arrear of pension be released with 18% interest per annum from the date of his retirement i.e. 31/1/2021.

(2.) Learned counsel for the petitioner submitted that the petitioner had retired as AFM on 31/1/2021 from the respondent-Nigam and after his retirement i.e. on 22/2/2021, the petitioner requested the respondent-Nigam to count the daily wages service rendered by him from 9/2/1982 to 1/10/1992 for the purpose of pensionary and retiral benefits in accordance with the settled law. He further submitted that thereafter, the respondent-Nigam, who was otherwise also under a legal obligation to have counted the daily wages service in accordance with the settled law kept on delaying the matter and ultimately, the retiral benefits were paid to him on 15/7/2022 and in this way, a delay of about 1' years has been caused in disbursal of the aforesaid retiral benefits regarding which now his limited prayer is that he may be granted interest on the delayed payment. He referred to a Full Bench judgment of this Court in A. S. Randhawa versus State of Punjab and others, 1997 (3) SCT 468 (F.B.) in this regard.

(3.) On the other hand, Mr. Dhruv Walia, learned counsel for the respondents has filed a short reply on behalf of the respondents in Court today and the same is taken on record. While referring to the aforesaid short reply he submitted that after the retirement of the petitioner, he moved an application for counting the services which he has rendered as a daily wager, which was received on 22/2/2021 and thereafter, the requisite formalities/verification etc. were made and the case of retiral benefits of the petitioner was processed and ultimately, the entire amount was paid to the petitioner on 15/7/2022 and the claim of the petitioner was processed expeditiously and therefore, no interest has been awarded to the petitioner to which he is not entitled.