High CourtsSingle Bench(2021) 01 P&H CK 0113

Jyoti vs State Of Punjab And Another

Punjab And Haryana At Chandigarh · Decided on 4 January 2021

HON’BLE JUDGES
Harsimran Singh Sethi, J
RESULT
Allowed
CASE NUMBER
Civil Writ Petition No. 34508 Of 2019

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Judgment

77 paragraphs · 495 words

S.

No.",,Period,Amount,Bill No. & Date,Date of Sanction,Remarks

1,GPF,,"3,65,339/-",241 dated 29.12.2015,"DHS Letter no

G.P.Fu\UND (2)

Punjab/2015 3578

dated 26.10.2015",PAID

2,Ex. gratia,,"1,00,000/-",139 dated 10.07.2013,,PAID

3,"GIS

Insurance",,"1.20,000/-",145 dated 11.09.2015,,PAID

4,GIS Savings,,"22,312/-","201703011110172

dated 04.09.2020",,PAID

5,"Leave

Encahsment",,"2,14,335/-","201703011110262

dated09.11.2020","Director Healdh &

Family Welfare,

Punjab Chandigarh

Endstt.No.E4(5)

Pb.2020/6153-56

dated 03.11.20",PAID

6,"Provisional

Pension","04.09.2012

to

28.02.2013","2,17,036","20170301110168

dated 31.08.2020",,PAID

,,"01.03.2013

to

31.07.2013","45,88,910","201703011110230

dated 11.11.2020",,PAID

,,"01.08.2020

to","1,54,521","20703011110264

dated 11.11.2020",,PAID

,,31.10.2020,,,,

7,"Provisional

DCRG",,"8,35,906","201703011110170

dated 16.09.2020",,PAID

8,"Arrears 4/9

year

Placement",,"14,42,261",245 dated 08.01.2020,,PAID

S.

No.",,Period,Amount,Bill No. & Date,Date of Sanction,Remarks

9.,"Deposit

Linked

Insurance

Scheme",,"10,000","201703011110305

dated 31.2.2020","DHS Lette

No.G.P.

Fund 1(4)

Pb./2020/2660 dated

22.12.2020 but

received budgeton

31.12.2020","r

PAID

10,"Pension

Case",,"Sent to A.G. Punjab Chandigarh vide lette

No.Amia-

2020/465 dated 05.08.2020 after clearing

objections",,,"r

Pending

at  A.G.

Punjab

A Co-ordinate Bench of this Court in J.S. Cheema Vs. State of Haryana, 2014(13) RCR (Civil) 355 h,as 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",,,,,,

(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€​,,,,,,

In the present case, the petitioner was entitled for the release of the benefits by November, 2012 i.e. within a period of two months after the death of",,,,,,

her husband, which have been actually released to her in December, 2020, after a delay of more than eight years. The case of the petitioner for the",,,,,,

grant of interest is squarely covered by the settled principle of law enumerated hereinbefore. Accordingly, the petitioner is held entitled for interest @",,,,,,

9% per annum on the payments which have been released to her now from the date the same became due i.e. 04.09.2012 onwards till the release of,,,,,,

the same.,,,,,,

It is further made clear that the provisional pension, which is being paid to the petitioner, will be paid without any delay and the formalities for the",,,,,,

provisional pension to be treated as final pension will be completed within a period of four weeks from today. The benefits including the interest, for",,,,,,

which the petitioner is held entitled to under this order, will be computed by the respondents within a period of four weeks from the date of receipt of",,,,,,

copy of this order and will be released to the petitioner within a period of two weeks thereafter.,,,,,,

Present writ petition stands allowed in the above terms.,,,,,,