KAUSHALYA RANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to release interest on the delayed payment of retiral benefits including GPF, leave encashment, DCRG etc.

(2.) LEARNED counsel for the petitioner submits that the husband of the petitioner retired on 31.03.2011 but he was not paid retiral pensionary benefits and ultimately husband of the petitioner expired on 19.05.2011. Petitioner being the wife of the deceased -employee, served a legal notice upon the respondents on 29.10.2011 but only, payment of an amount of Rs.22,567/ - was released to the petitioner on 25.06.2012 but no interest was paid on the delayed payment. Learned counsel also submits that the petitioner is entitled for interest on delayed payment as there was no fraud on the part of the husband of the petitioner. Learned counsel has also relied upon judgment of this Court in 'Kuldip Rai vs. State of Punjab and others' in CWP No.23143 of 2012 decided on 07.07.2014 as well as Full Bench judgement of this Court in case A.J. Randhawa Supdg. Engineer(retd.) vs. State of Punjab,1997 3 RSJ 318. Learned State counsel submits that the delay occurred as 'No Due Certificate' was to be obtained from various circles/stations where the husband of the petitioner remained posted. On completion of all formalities, the payment was released and delay occurred as the department remained busy in dealing with wheat and paddy crops. The payment has been released on 20.01.2012, 02.02.2012 and 04.04.2012 i.e. within 8 to 12 months and it cannot be said to be an inordinate delay in any manner. Learned State counsel also submits that there was no intentional delay on the part of the Department.

(3.) HEARD arguments advanced by learned counsel for the petitioner as well as learned State counsel and have also perused the documents available on record.