DARSHAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The grievance which is being raised in the present writ petition is that retiral benefits of the petitioner were released after an unexplained and undue delay and that too without any valid justification, therefore, he is entitled for interest on the delayed release of his pensionary benefits.

(2.) As per the averments made in the writ petition, petitioner was recruited with respondent No. 3 as an Account Assistant on 24.10.1980 and thereafter, he was promoted as Accountant Grade 'A' on 16.05.2008. After the promotion, petitioner absented himself from duty and remained absent till 23.03.2010. In the meanwhile, on 29.01.2010, petitioner submitted an application for voluntary retirement, which request was accepted on 21.03.2010 and petitioner was allowed to retire voluntarily from the said date. The said retirement was subject to the proceedings, which were pending against the petitioner as a charge-sheet was served upon him by the respondents on 05.12.2008. The said charge-sheet was taken to its logical end by the respondents and an order for dropping the said charge-sheet was passed on 17.08.2011 (Annexure P-2) and the period from 14.07.2008 till 20.03.2010 was ordered to be treated as a leave of the kind due. After the passing of the said order, the pensionary benefits of the petitioner were not released and he started filing representations for the release of the pensionary benefits, for which he became entitled after the grant of voluntary retirement. Ultimately, pensionary benefits of the petitioner were released by the respondents on 31.08.2016 and payments of Rs. 3,50,000/- and Rs. 2,60,000/- were extended to the petitioner towards gratuity and leave encashment respectively. The prayer of the petitioner is that as these amounts of pensionary benefits were released after an undue and unexplained delay after he was granted the voluntary retirement in March, 2010, he is entitled for the benefit of interest as compensation.

(3.) Upon notice of motion, the respondents have filed the reply.