DEVI KRISHAN VERMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) It is the admitted position that the petitioners have superannuated on 31.5.2004. They approached this Court by filing CWP Nos. 10097 and 10096 of 2004 respectively. The Division Bench of this Court disposed of the writ petitions on 13.7.2004 with the direction that within two months from the date of submission/ receipt of certified copy of this order alongwith a copy of the writ petition by the respondent i.e. the Director, Secondary Education, Haryana, the petitioners' claim for retiral benefits be decided by passing a speaking order and the amount payable to them was to be released within next one month. However, there was delay caused in making payment of the retiral benefits as has been detailed in para 10 of the writ petition, which reads as under:

(2.) In response to the notice of motion issued, the respondents have not been able to deny the material fact with regard to the issuance of directions by this Court as well as the dates of payment, as specified in para 10 (supra). There is no averment in the written statement showing that the petitioners were in any way responsible for causing the delay in making the payment of retiral benefits.

(3.) We have heard the learned counsel for the parties and find that the relief of interest claimed on the delayed payment of retiral benefits is squarely covered by a Full Bench judgement of this Court in the case of R.S.Randhawa v. State of Punjab and others 1997(3) RSJ 318 wherein it has been held that on every delayed payment of retiral benefits beyond the period of two months interest has to be paid. Although the Full Bench had imposed the interest @ 12 percent which could have been extended to 18 percent, yet we are of the view that the ends of justice would be met if a direction is issued to the respondents to pay interest @ 9 percent p.a. on all the delayed payments beyond the period of two months from the date they were due, except on the element of commutation of pension. The interest on the delay payments be calculated and paid within a period of two months from the date a certified copy of this order is received/presented to the respondents.