High CourtsSingle Bench(2020) 02 P&H CK 0072

Mohinder Singh vs Uttar Haryana Bijli Vitran Nigam Ltd. And Others

Punjab And Haryana At Chandigarh · Decided on 10 February 2020

HON’BLE JUDGES
Nirmaljit Kaur, J
RESULT
Allowed
CASE NUMBER
Civil Writ Petition No. 4709 Of 2017

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Judgment

12 paragraphs · 255 words

Nirmaljit Kaur, J

1.The prayer in the present petition is for quashing of the order dated 15.9.2016 whereby the respondents had reduced the pay of the petitioner by

withdrawing the orders of steping up of pay at per with his junior Shri Ram Diya, ALM and thereafter to restore the pay of the petitioner already fixed

vide order dated 14.12.2015 with a further prayer for releasing the pensionary benefits to the petitioner alongwith interest.

2.

Admittedly, the rectification has been done during the pendency of the writ petition and the retiral benefits have since been released to the petitioner

on 17.4.2017. Therefore, the only question that survives is with respect to the payment of the interest.

3.

It is evident from the petition as well as the reply that the impugned order dated 15.9.2016 Annexure P-9 was wrongly passed. This has caused

much grievance to the petitioner resulting in delay in releasing of his pension.

4.

In view of the above, the present writ petition is allowed and the respondents are directed to pay the interest from the date the retiral benefits were

due to him i.e. from the date of his retirement i.e. 31.3.2016 till they were paid i.e. 17.4.2017 alongwith 6% interest. The same be paid to the petitioner

within two months from the date of receipt of certified copy of this order. In the case the said interest amount is not paid within two months, the same

shall be liable to be paid alongwith 12% interest from the expiry of two months.