Bhikhari vs State Of Punjab And Others

Harpreet Singh Brar, J

The present civil writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of MANDAMUS

directing the respondents to grant the financial benefits/increment after the promotion from post of Safai Sewak to the post of Sanitary Mate and all the consequential benefits, to pay interest as per the provisions of the Punjab General Provident Fund Rules on delayed deposit of amount of Provident Fund from the date the said amount was deducted every month from salary till the date of retirement/deposit, to release pension, gratuity, leave encashment, provident fund (along with interest as aforesaid), medica allowance and to pay interest @ 12% from the date of retirement till the date of its actual payment to the petitioner.

At the very outset, learned State counsel and learned counsel for respondent No.4 submits that all pending retiral dues of the petitioner would be paid within a period of four months along with interest @ 6% per annum to be calculated after two months from the date of his retirement till its actual realization.

Learned counsel for the petitioner submits that as far as the retiral benefits are concerned, he is satisfied with the statement made by learned counsel for respondent No.4, however, employer’s contribution towards provident fund of the employees was not paid in time causing recurring loss of interest to the petitioner. The amount in question was deposited at the time of his retirement.

In view of the controversy involved in the present case, this Court is inclined to dispose of the present petition in terms of the statement made by learned counsel for respondent No.4. Respondent No.4 is directed to release retiral dues of the petitioner along with interest @ 6% per annum to be calculated from two months after the retirement of the petitioner till its actual realization within a period of four months from the date of receipt of certified copy of this order. Further, the loss of interest suffered by the petitioner on account of delay in depositing the employer’s contribution to the provident fund will be calculated @ 6% per annum and the same be paid within a period of four months along with retiral dues.