Om Prakash Singh vs Uttari Haryana Bijli Vitran Nigam and Others

Ranjit Singh, J.—On 25.2.2011, the respondents were required to file an affidavit to disclose the reasons as to why the amount of pensionary benefits due to the petitioner had been withheld for inordinately long period of eight years. The respondents have now filed an affidavit, which is taken on record. It is stated that on the retirement of the petitioner on 30.6.2003, full provisional pension as well as leave encashment was released to him. The reason for withholding the gratuity and other pensionary benefits was on account of pendency of a criminal case against the petitioner. This case was u/s 304-A of Indian Penal Code and had no connection with the service of the petitioner. The petitioner has been acquitted of this charge on 2.9.2008. The case of damages, if any, has also been closed.

I do not see any justification on the part of the respondents to withhold the retiral benefits of the petitioner on the ground that he was facing the criminal charge due to an accident, which had no connection with the service of the petitioner. When asked to justify this action, the counsel for the respondents could not show any provision which would authorize withholding of pensionary benefits under these circumstances. Now there is no reason to withhold the benefits, but still the remaining pensionary benefits have not been released so far. Counsel for the respondents undertakes to release such benefits within one month.

I am of the view that the pensionary benefits of the petitioner have been withheld without any justification and that too for a long period of time. If the respondents had been considerate, they could have released the pensionary benefits in the year 2008, when the petitioner was acquitted of the criminal charge. No justification, thus, is available to withhold the pensionary benefits of the petitioner. Accordingly, the amount of the pensionary benefits of the petitioner withheld, be paid within one month from today and it shall cover interest @ 9% per annum from the date it is due to the date of payment. If the benefits are not released within a period of one month, the rate of interest payable shall be @ 12% per annum from the date it is due to the date of payment. The petitioner shall also be at liberty to again approach any appropriate forum in case the pensionary benefits still are not released within one month.