Phool Prakash Bakshi vs State of Himachal Pradesh and Others

Rajiv Sharma, J.—Petitioner has filed this petition seeking interest on the delayed payment of gratuity as well as leave encashment. So far as the payment of gratuity is concerned, it has come in reply filed by Respondent No. 3 that upto date interest has been paid on the G.P.F. amount. However, the only question which requires adjudication is that whether the Petitioner is entitled to interest on the amount of leave encashment. The Petitioner has superannuated on 30th November, 1999. The amount of leave encashment was released to the Petitioner on 15th December, 2001. Petitioner ought to have been paid reasonable interest on the delayed payment of leave encashment.

Consequently, the petition is disposed of with a direction to Respondents No. 1 and 2 to pay and release to the Petitioner interest @ 7% on the amount of leave encashment, within a period of two months after production of the certified copy of the judgment. The pending application(s), if any, also stands disposed of. No costs.