VIR DAVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed the instant writ petition under Article 226/227 of the Constitution of India, seeking a writ of mandamus, directing the respondents to release the interest @ 18% per annum on the delayed payments of pension and other pensionary benefits from the due date till the actual date of payment.

(2.) Brief facts of the case, as have been pleaded in the petition, are that the petitioner was appointed as Patwari on 22/1/1982 on adhoc basis and his services were regularized on 1/4/1985. Thereafter, the petitioner was promoted as Kanungo on 28/10/1998, however, he was reverted on 29/10/2002 on his own request on medical grounds. Thereafter, he was again promoted as Kanungo on 21/8/2015 and retired as such on 31/7/2018, on attaining the age of superannuation. After the retirement of the petitioner, respondent No.3 issued an order dtd. 4/9/2018 (Annexure P-1) for fixation of pay of the petitioner w.e.f. 29/10/2002 and passed an order dtd. 5/9/2018 (Annexure P-2) to recover the excess amount of Rs.1,70,985.00 from the leave encashment of the petitioner. Aggrieved against the abovesaid orders, the petitioner had approached this Court by filing CWP No.26780 of 2018 (Vir Devinder Singh Vs. State of Punjab and others) and vide order dtd. 17/10/2018 (Annexure P-3) passed by this Court, the recovery from the petitioner, on the basis of impugned order dtd. 5/9/2018 was stayed. The said writ petition was disposed of by this Court, vide order dtd. 4/5/2023 (Annexure P-4) by holding that no recovery from the petitioner can be made and direction was issued to the respondents to release the retiral dues of the petitioner, within a period of next three months, positively. After the said decision, an amount of leave encashment of Rs.5,16,180.00 has been released to be petitioner on 23/8/2023, without any interest on the delayed payments. Thereafter, the petitioner served a notice dtd. 15/11/2023 (Annexure P-5) to the respondents for releasing the interest on the delayed payment of leave encashment but to no avail. Hence, the instant petition.

(3.) Learned counsel for the petitioner submits that the petitioner retired from service on 31/7/2018 on attaining the age of superannuation and after his retirement, respondent No.3 issued an order dtd. 4/9/2018 for re-fixation of pay of the petitioner w.e.f. 29/10/2002 and passed an order dtd. 5/9/2018 to recover the excess amount of Rs.1,70,985.00 from the leave encashment of the petitioner. Despite the fact that the said order of recovery was stayed by this Court, vide order dtd. 17/10/2018 passed in CWP No.26780 of 2018, the respondents had unnecessary withheld the amount of leave encashment of the petitioner and after the decision of said writ petition, the respondents had released the leave encashment amount of Rs.5,16,180.00 to the petitioner on 23/8/2023 i.e. after a delay of more than 05 years. Since the said leave encashment amount was released after a considerable delay, therefore, the petitioner is entitled for interest on the same.