BALBIR SINGH BAJWA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner challenges order dated 15.11.2012 (Annexure P/3) whereby he has been denied the interest element on the delayed payment of retiral dues.

(2.) The writ petition has been contested by the State on the ground that a sum of Rs. 3,49,231/- stands decreed in favour of respondent no.3-Corporation and the matter is pending before this Court. The appeal against the dismissal of the suit on 30.7.2005, is also pending and the Corporation had vide letter dated 20.9.2010 (Annexure R/1) had recommended not to release the arrears of pensionary benefits since the decree has been passed in favour of the Corporation. It has accordingly been pleaded that finding of the Civil Court was against the petitioner and there was no occasion for the Department to release the pensionary benefits to him earlier.

(3.) The reasoning given by the respondent in the impugned order is that the security amount which has been given for Rs. 6 lacs would not be sufficient to cover the amount for which the recovery suit had been filed by the Punsup. On account of the finding of the Civil Court there was no occasion for the department to release the pensionary benefits and it was only due to intervention of this Court that they were being released and accordingly the petitioner was not entitled for the interest.