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Judgment
Sr. No.,Recovery/Case pending,Amount
1.,"Recovery imposed vide H.O. Order
No.Estt.-Patiala (26)-2013/31366-
69 dated 24.10.2013","52,524/-
2.,"Recovery pending vide report dated
26.5.2015 of District Manager,
Punsup","13,604.25/-
3.,"As per report dated 26.5.2015 of
District Manager, Punsup, an
execution case pertaining to
recovery of  Rs. 2,18552.53 is
pending which has been stayed by
the Hon'ble Punjab and Haryana
High Court for further orders.","2,18,552.53/-
the pensionary benefits thereafter within a reasonable time.,,
Learned counsel for the petitioner prays that after letter dated 04.09.2015, respondents have no valid justification to retain the amount, but even as of",,
now when more than 4 ½ years have elapsed, the retiral benefits has not been released so far.",,
Once, the petitioner had already given an undertaking for the recovery of the amount from his pensionary benefits amounting to  Rs. 52,524/-, the",,
respondents were not justified in retaining the entire amount. The respondents should have released the same within a reasonable time keeping in view,,
the order passed by this Court in 'A.S. Randhawa Vs. State of Punjab and others, 1997(3) SCT 46,8 where this Court has held that reasonable time",,
for releasing the pensionary benefits is two months after the retirement of an employee in case there is no impediment in the release of the same.,,
Applying the same principle, once the impediments are removed, the respondents are under obligation to release the amount within a period of two",,
months of the removal of the impediments, which were there in the release of the pensionary benefits to an employee at the time of his/her retirement.",,
The relevant paragraph of the said judgment is as under: -,,
“Since a government employee on his retirement becomes immediately entitled to pension and other benefits in terms of the Pension Rules, a duty",,
is simultaneously cast on the State to ensure the disbursement of pension and other benefits to the retirer in proper time. As to what is proper time will,,
depend on the facts and circumstances of each case but normally it would not exceed two months from the date of retirement which time limit has,,
been laid down by the Apex Court in M. Padmanabhan Nair's case (supra). If the State commits any default in the performance of its duty thereby,,
denying to the retiree the benefit of the immediate use of his money, there is no gainsaying the fact that he gets a right to be compensated and, in our",,
opinion, the only way to compensate him is to pay him interest for the period of delay on the amount as was due to him on the date of his retirement.â€",,
In view of the above, present writ petition is allowed. The respondents shall withhold a sum of  Rs. 66,128.25/- and release the remaining benefits",,
immediately within a period of two months from the date of receipt of certified copy of this order.,,
A Co-ordinate Bench of this Court in J.S. Cheema Vs. State of Haryana, 2014(13) RCR (Civil) 35,5 has held that an employee will be entitled for the",,
interest on an amount, which has been retained and used by the respondents without any valid justification. The relevant paragraph of J.S. Cheema's",,
case (supra) is as under: -,,
“The jurisprudential basis for grant of interest is the fact that one person's money has been used by somebody else. It is in that sense rent for the,,
usage of money. If the user is compounded by any negligence on the part of the person with whom the money is lying it may result in higher rate,,
because then it can also include the component of damages (in the form of interest). In the circumstances, even if there is no negligence on the part of",,
the State it cannot be denied that money which rightly belonged to the petitioner was in the custody of the State and was being used by it.â€,,
As after September, 2015, there was no impediment in the release of the pensionary benefits, petitioner is held entitled for interest @ 9% per annum",,
from 01.11.2015 onwards till the benefits are actually released to him.,,
Present writ petition stands allowed in the above terms.,,