KARMI DEVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS intra -Court appeal under Clause X of the Letters Patent has been filed against the judgment dated 19.01.2011 passed by the Learned Single Judge in CWP No. 12221 of 2010 to the extent that interest on delayed payment of retiral benefits has been awarded at lower rate of 6% per annum instead of as prayed for at the rate of 15% per annum and that instead of quashing the deduction of an amount of Rs.37,470/ - from the DCRG, the appellant has been permitted to make a representation to the respondents regarding the said deduction.

(2.) THE husband of the appellant was working as Superintendent Grade -I in the office of respondent No. 2. He expired on 29.1.2007. The appellant being the widow and being entitled to family pension and death -cum -retirement gratuity and other retiral GIANENDER KUMAR 2015.07.15 18:45 benefits under the Punjab Civil Service Rules, submitted an application dated 26.12.2007 requesting for release of family pension, gratuity and other retiral benefits. Thereafter, repeated reminders were sent to respondent No. 2 on 22.4.2008, 23.10.2008 and 10.3.2009, 14.9.2009, but to no avail.

(3.) THE writ petition was disposed of on 19.1.2011 on the statement of the Ld. State counsel that all the benefits accruing to the appellant including family pension had been paid except Rs.37,470/ -, which had been withheld from the gratuity amount payable to the deceased employee on account of wrong payment of the stepped up pay to the deceased employee at par with his junior employee. It was argued that there was no challenge to the order passed by the respondents regarding deduction of this amount from gratuity.