TEJPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through the instant writ petition, cast under Article 226/227 of the Constitution of India, a prayer is made for issuance of a mandamus, upon the respondents, to pay interest @ 18% per annum, to the petitioner on the delayed payment of retiral benefits.

(2.) Learned counsel for the petitioner submits that the petitioner took voluntarily retirement from the service on 10/6/2022, whereas, all the retiral benefits have not been paid to him on the said date. According to the petitioner, GPF was paid on 29/11/2022, GIS on 12/10/2023, whereas, the benefit of gratuity and arrears of pension was paid to him on 2/9/2024, and leave encashment was paid on 4/9/2024. He submits that there is a considerable delay in paying the retiral benefits, and therefore, the petitioner is entitled for interest on the delayed payment.

(3.) Learned counsel for the respondent/State, on the other hand, submits that the petitioner has sought a voluntary retirement, by filing an application dtd. 10/3/2022, which was finally allowed on 10/6/2022, and the respondent/department cannot anticipate the act of the petitioner, seeking voluntary retirement, and only after the receipt of application of the petitioner, seeking voluntary retirement, his case was duly processed for pension. He further submits that the office of Additional Director (Finance and Accounts), returned the case of the petitioner, on 10/5/2024, with the report that the name of the petitioner is involved in allegations of non filing of civil suit for recovery of embezzled amount of Rs.1,33,00,000.00 , in Malout Division of the department, against the delinquent employee, as the petitioner remained as Executive Engineer of Division Malout. Therefore, the case of the petitioner could not be forwarded to the Accountant General Office, Punjab (A&E). Thereafter, the department on 4/6/2024, decided not to issue any show cause notice to the petitioner, and the case of the petitioner was again put up to the Additional Director (Finance and Accounts), for financial vetting on 29/5/2024, who vetted the same on 6/6/2024, and the case was forwarded to the Accountant General, Punjab, on 7/6/2024, which was approved by the Accountant General, Punjab, Chandigarh, vide order dtd. 4/7/2024. Upon approval, the entire benefits have been released in favour of the petitioner.