Jagdish Saran Kanihal Vs State of Himachal Pradesh and Others

High Court of Himachal Pradesh 28 Oct 2010 CWP (T) No. 3700 of 2008 (2010) 10 SHI CK 0034
Bench: Division Bench

Judgement Snapshot

Case Number

CWP (T) No. 3700 of 2008

Hon'ble Bench

Kurian Joseph, C.J; V.K. Sharma, J

Judgement Text

Translate:

Kurian Joseph, C.J.@mdashIn the reply furnished by the fourth Respondent, it is stated at para 6(vii) as follows:

In reply to this sub para it is respectfully submitted that pension case of the applicant who was retired on 30.6.95 was received from Principal Police Training School, Junga vide his letter No. 2450 dated 10.3.95. Accordingly, all admissible pensionary benefits viz. superannuation pension @ Rs. 113/- p.m. payable w.e.f. 1.7.95 and death-cum-retirement gratuity amounting to Rs. 38,115/- were reported by the replying Respondent vide his letter No. 883-84 dated 18-7-1995(copy enclosed as annexure-R-4/1. Thus, the replying Respondent had reported the pensionary benefits timely and there was no delay on the part of the replying Respondent. The payment of Death-cum-retirement gratuity was to be made by the department and reasons as to why the payment of gratuity was delayed till 15.1.96 is known to the department.

2. Thus, it is seen from the reply that the case with regard to the disbursement of pensionary benefits was submitted to the Department on 18.7.1995 and yet the same were disbursed only on 15.1.1996. There is no reply on behalf of Respondents No. 1 to 3.

3. In view of the above circumstances, there will be a direction to Respondents No. 1 to 3 to grant benefit of interest w.e.f. 1.8.1995 to 15.1.1996 @ 7% to the Petitioner within a period of three months from the date of copy of production of this judgment by the Petitioner.

4. With these observations, the writ petition is disposed of, so also the pending application(s), if any.

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