RAMESH KUMAR AGGARWAL Vs. COMMISSIONER-CUM-SECRETARY (HEALTH) TO THE GOVERNMENT OF HIMACHAL PRADESH AND ORS.

JUDGEMENT

(1.) PETITIONER was appointed as Clerk in the Respondent department on 20th September, 1961. He was promoted as Accountant in the month of January, 1981 and as Superintendent Grade -II with effect from January, 1997. He retired on 31.3.1998. However, his pensionary and retiral benefits were withheld against the alleged recovery of Rs. 3905/ -. Respondents have not completed the process of determination of the retiral/pensionary benefits within frame work of the Rules. Action of the Respondents of with holding a sum of more than Rs. 1,50,000/ - only to realize a sum of Rs. 3,905/ - was arbitrary. Petitioner has not been paid any interest on the D.C.R.C. amounting to Rs. 80,417/ - and G.P.F. amount of Rs.80,114/ -. The Petitioner is entitled to interest on the amount of G.P.F. which was notified as per Rule 68 of the Central Civil Services (Pension) Rules, 1972 read with Instruction No. (ii) appended there to, in the year 1997 -98. He is also entitled to interest @ 9% on the other retiral benefits amounting to Rs. 80,417/ -. The Petitioner has retired on 31.3.1998 and the principal amount was released to him only on December 11, 1998.

(2.) CONSEQUENTLY , the petition is allowed. There shall be a direction to the Respondents to pay and release interest component to the Petitioner on the G.P.F. amount of Rs. 80,114/ - at the rate prescribed for the year 1997 -98, as per Rule 68 of the Central Civil Services (Pension) Rules, 1972 read with Instruction No. (ii) appended there to and 9% interest on the D.C.R.G. amounting to Rs. 80.417/ -. Needful be done within a period of two months from the date of production of certified copy of this judgment. No costs.