HARBHAGWAN SINGH Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) One Tara Singh, Social Studies Master under the Punjab State Education Department retired on 31.03.2006 upon attaining the age of superannuation. His retiral benefits were not released. Tara Singh accordingly was constrained to institute a civil suit in September, 2008 and which was decreed on 06.01.2012 in his favour. In spite thereof, the retiral benefits were not being released and which led to the filing of the execution application. The trial Court in addition to the admissible retiral benefits, fastened a liability of 12% interest on account of delayed release i.e. an amount of Rs. 1,05,858/- upon the respondent/department. The requisite payment was made over to Tara Singh on 29.08.2012 towards satisfaction of the decree.

(2.) The instant petition has been filed impugning the Memo dated 17.04.2013 (Annexure P-1) as also Memo dated 23.04.2013 (Annexure P-2) and in terms of which 50% of the amount of Rs. 1,05,858/- released in favour of Tara Singh towards interest component has been recovered from the petitioner from his salary in three instalments on the purported ground that he had been serving as Head Master/Drawing and Disbursing Officer of the school from where Tara Singh had retired.

(3.) Having heard counsel for the parties at length and having perused the pleadings on record, this Court is of the considered view that the recovery effected from the petitioner i.e. 50% of Rs. 1,05,858/- cannot sustain.