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Judgment
J.S. Narang, J.—C.M. allowed. Annexure P-11 is taken on record. Learned counsel for the parties are agreed that the payment which was due and payable as claimed in the petilion has been duly sanctioned and has duly been released under various heads. Whatever sanction has been granted the same has to be disbursed through bank or otherwise and the same shall be paid within fifteen days from today. It is made clear that whatever direct instructions have been given to the concerned bank, the petitioner shall approach the said bank for disbursement of the said amount(s). It is further agreed that there are some matters which are under consideration of the authorities. As a result thereof some amounts may be found due and payable to the petitioner. The amounts which may be found disbursable in favour of the petitioner upon result thereof, the same shall be disbursed accordingly within three months thereafter. If nothing is due and payable even then the communication in respect thereof shall be sent to the petitioner within the time, as stated above.
Learned counsel for the petitioner states that the petitioner had retired in the month of March, 1997 but the matter relating to his pension, gratuity, leave encashment etc. had not been settled by the respondents without any rhyme or reason and that he is entitled to interest upon the said amount @ 18% per annum.
On the other hand, learned counsel for the respondents has contended that upon receipt of the papers from the petitioner, the matter had been referred to the higher authorities and that the time was taken by the higher authorities after the receipt which has been made by the petitioner for calculating his retiral benefits upon the enhancement of pay.
I am not satisfied with the stand which has been taken by the respondents. The respondents should have calculated the retiral benefits at least from the pension amount which was acceptable to them on the old scales. That having not been done, the petitioner had been denied his monetary rights without any rhyme or reason. In the interest of justice and enquity it is directed that the respondents shall pay interest upon the amount so calculated @ 12% per annum and disburse now. The interest shall be duly calculated within one month and the effect thereof shall be disbursed to the petitioner within fifteen days thereafter. It is contended by learned counsel for the respondents that in fact the retiral benefits had been offered in the month of April, 2000. In this situation the interest shall be calculated upto April 2000 from the date when the retiral benefits became due and payable. It is further di-rected that the respondents shall fix the responsibility of the officer concerned on whose account the delay has occurred and the liability of interest has been fastened. The interest amount so paid shall be deducted from the salary of the officer concerned and it is made clear that the said amount shall not be reimbursed under any head whatsoever by the respondents.
The petition is disposed of with the above observation.