PUNJAB STATE AND ORS. Vs. SHAMINDER SINGH

JUDGEMENT

(1.) The State of Punjab has filed the instant appeal under Sec. 100 of the Code of Civil Procedure, 1908 (for brevity, 'the Code') challenging concurrent findings of fact recorded by both the Courts below holding that the plaintiff -respondent was entitled to payment of interest at the rate of 18% per annum. A further direction has been issued to make payment of all the pensionary benefits due. For the aforementioned view, reliance has been placed by both the Courts below on a judgment of the Supreme Court in the case of Vijay L. Mehrotra v/s. State of U.P. and Ors 2000(2) R.S.J. 647.

(2.) The only argument raised by learned State counsel that the interest awarded is on the higher side especially when the plaintiff -respondent is negligent in submitting his pension papers.

(3.) Having heard the learned counsel, I am of the opinion that the view taken by the Supreme Court in Vijay L. Mehrotra's case (supra) has been rightly followed and no exception is provided for this Court to interfere in the discretion exercised in awarding the interest in the facts and circumstances of the present case. No question of law warranting interference of this Court in exercise of jurisdiction under Sec. 100 of the Code has been raised. The appeal is without merit and is liable to be dismissed.