LAWS(HPH)-2012-1-237

KAPOOR CHAND Vs. STATE OF HIMACHAL PRADESH

Decided On January 12, 2012
KAPOOR CHAND Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Reference to order dated 5.10.2010, passed by this court in CWP(T) No. 12561/2008, petitioner was held entitled to the statutory interest on the GPF to be paid till the date of actual disbursement. The interest on GIS was also ordered to be paid at the rate, if any, prescribed for delayed payments under the Scheme and if not prescribed, then the interest on delayed payments of GIS shall carry interest @9% per annum. The interest aforesaid was ordered to be paid w.e.f. 24.2.1999 till the date of actual disbursement. It was also ordered that the amount as above, shall be worked out and would be paid to the petitioner within a period of three months from the date of production of certified copy of the judgment, failing which, the petitioner was held entitled to interest @17% per annum on those amount and the officer responsible for delayed payment shall be liable for the same.

(2.) Shri A.K. Bansal, learned Additional Advocate General submits at Bar that the respondents department has made the payment of GPF/GIS amount to the tune of Rs. 77334/- to the petitioner on 5.1.2012. The report of the Registry also reveals that the petitioner has received the amount through bank draft under protest. There is nothing on record to show on which date petitioner has produced the certified coy of the judgment of this Court.

(3.) In view of the above position, the order stands complied with and the petition is disposed of subject to the legal rights to the petitioner for the recovery of the balance amount, if any.