BOOTA RAM, TEHSILDAR (SALES) Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Shri Boota Ram had filed this petition on 15.11.1986 with a prayer that the respondents be directed to pay him interest at the rate of 18% per annum on the amount of arrcars of pension and gratuity w.e.f. 1.1.1980. During the pendency of the writ petition, Shri Boota Ram died and, therefore, his legal representatives have been allowed to be brought on record.

(2.) Late Shri Boota Ram retired from service on 31.12.1979 while holding the post of Tehsildar (Sales) in the Rehabilitation Department of the Slate of Punjab. Before his retirement, a case under Section 5(2) of the Prevention of Corruption Act, 1947 read with Section 161 of the Indian Penal Code was registered against him on 17.1.1979. He was prosecuted in the Court of Special Judge, Gurdaspur. Vide his judgment dated 11.9.1982, the Special Judge, Gurdaspur, acquitted late Shri Boota Ram by giving him benefit of doubt.

(3.) Due to pendency of the criminal case, retiral benefits payable to late Shri Boota Ram were withheld except the provisional pension which was sanclioned to him by the Financial Commissioner, Punjab, on 19.11.1981. After his acquittal, Shri Boota Ram represented to the Government for payment of full pension and other post- retirement benefits. It took almost four years to the respondents to pay the arrears of pension and gratuity to late Shri Boota Ram. For this delayed payment, the petitioners have prayed for award of interest.