Padma Wadhawan vs State of Haryana

Bakhshish Kaur, J.—Smt. Padma Wadhawan, in this petition has prayed for the issuance of a writ quashing the order dated September 14, 1999, An-nexure P-1, which is illegal, void and unjust. She has also prayed for issuance of a writ of mandamus directing the respondents to release the commutation of pension in the revised pay scale as her husband had died on 7.7.1996 and the grades have been revised w.e.f, 1.1.1996.

Shri K.L. Wadhawan, husband of the petitioner, had been working as Treasury Officer in Yamuna Na-gar. He had retired on superannuation on 30.4.1996. He died on 7.7.1996. All the pension papers complete in all respects were submitted to the respondents. The Government of Haryana had revised the pay scales of its employees vide notification No. GSR3/Const./ Art.309/98 dated 7.1.1998, which came into force with effect from the deemed date of 1.1.1996. The pay of Shri K.L. Wadhawan was also re-fixed in the revised pay scale and arrears were paid.

Concededly, the entire payment has been made to the petitioner but the same has not been made in time. In fact, it is a case of delayed payment. The petitioner has retired on 30.4.1996, whereas the payment were made on 22.6.2000. Thus, the short question which needs consideration is whether the petitioner is entitled to interest on the delayed payment ?

In CWP No. 496 of 2000 : 1999(2) SCT 880 (P&H (DB), Bhim Singh v. State of Haryana and others, decided on February 7, 2000, this Court, after noticing the instructions issued by the Governments of Punjab and Haryana and various judicial precedents held that the delay in the payment of retiral dues amounts to depriving the retired employee of his right of property without following the procedure pre scribed by law.

It is not in dispute that payment has not been made within a reasonable time. In fact, the amounts were released at intervals and final payment was made on June 22, 2000. This shows that nearly after four years of the retirement of the employee, he was given the retiral benefits and that too at intervals. The petitioner is, therefore, entitled to interest which is accordingly allowed at the rate of 10% from the date of retirement till the payments were made under different heads and on different dates. The interest due on the amounts be paid to the petitioner within six months from the date of receipt of the copy of the order.

This petition is disposed of in the terms indicated above.

Petition allowed.