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Judgment
Justice Kurian Joseph, Chief Justice
The Writ Petition is filed with the following prayers:
i) To release all retiral benefits to the applicant i.e. GPF, DCRG, Leave encashment, Insurance etc. etc. with interest @ 12% P.A. from the date the benefits became due.
ii) To calculate the arrears of pension which became due to the family of the applicant and to pay the applicant with interest @ 12% P.A. till date.
iii) To provide the employment on compassionate ground to any of the brothers, to meet the ends of law and justice.
As far as prayer No. 3 is concerned, we do not think the matter should be persuaded at this stage. As far as prayers No. 1 & 2 are concerned, the Executive Engineer Sh. Harbans Singh Negi, who is present before us submits that records were not available and that is the delay in filing the reply. However, it is undertaken that he will personally take all efforts to trace out the records and will see that the eligible benefits are settled within a period of 2 months from today. The benefits will carry interest @ 6% from the date of expiry of one year from the date of death of the incumbent. In case the amounts are not thus disbursed within a period of 2 months from today, the benefits will carry interest @ 10% and the officers responsible for the delay shall be personally liable for the whole interest. There will also be a direction to the Executive Engineer of Divisions namely, Shimla, Division No. 1, Theog Division, Jubbal Division, Kinnaur Division and Hamirpur Division to render all cooperation to Sh. Negi for settlement of benefits as above. In case any officer does not cooperate with Mr. Negi as above, it shall be open to him to report the same to this Court so that appropriate direction could be issued with regard to liability fixed by this Court in the matter of interest, as above.
The Writ Petition is disposed of, so also the pending application(s), if any.
Authenticated copy.