Ravinder Singh vs Pepsu Road Transport Corporation

Harpreet Singh Brar, J

The present civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing respondents to pay interest @ 18% on delayed payment of pension, pensionary benefits and arrears of revised pension along with other consequential benefits.

A short controversy involved in the present case is with regard to the entitlement of the petitioner to the interest on account of delay in releasing the pensionary benefits.

Learned counsel for the petitioner submits that the petitioner has approached this Court challenging the reduction of pay and recovery by way of filing CWP No.1826 of 2017 titled as 'Ravinder Singh Vs. PRTC and another' decided on 07.07.2022 (Annexure P-2) which was disposed of with a direction to the respondents to issue a show cause notice and take appropriate decision in accordance with law after following the principles of natural justice. The petitioner has filed a detailed representation and the respondent-Corporation had accepted the claim of the petitioner and his pay and pensionary benefits were restored as it existed prior to passing of the impugned order dated 04.06.2015 (Annexure P-1).

Learned counsel for the petitioner further relies upon the judgment of the Full Bench of this Court in 'A.S. Randhawa Supg. Engineer (Retd.) vs. State of Punjab' 1998 (1) SCT 343 and submits that the petitioner is entitled to interest on account of delay in releasing his pensionary benefits in terms of the settled law.

Learned counsel for the respondent is not in a position to controvert that the case of the petitioner is not covered by the judgment of the Full Bench of this Court in A.S. Randhawa Supg. Engineer (Retd.) (supra) and further, the case of the petitioner is squarely covered by the judgment passed by this Court in CWP No.15306 of 2016 titled as 'Hari Ram and others Vs. Pepsu Road Transport Corporation, Nabha Road, Patiala' decided on 04.09.2017.

Having heard learned counsel for the parties, it transpires that the petitioner retired on 31.03.2014. Thereafter, the respondent-Corporation imposed a reduction and also ordered the recovery which was restored and the relevant dates of the same are reproduced as under:

Name

Date of Joining

Date of retirement

Date of Payment of overtime allowance/pensionary benefits (Rs.)

Ravinder Singh

16.10.1979

31.03.2014

Gratuity Rs.3,52,877/- paid on 30.05.2016 Balance Gratuity of Rs.1,57,031/- released vide order dated 02.06.2023

Leave Encashment

First installment of Rs.3,65,787/- paid on 11.04.2015 Second installment of Rs.3,66,898/- paid on 03.06.2016

GPF Rs.5,60,898/- paid on 11.02.2015 Arrears of revised pension after withdrawing the order of reduced pay/pension amounting to Rs.3,04,245/- on 14.10.2024

In view of the admitted facts, the present petition is disposed of with a direction to the respondent to calculate the interest from the date when the deduction and recovery was made pursuant to issuance of order dated 04.06.2015 (Annexure P-1) till the actual payment as mentioned above @ 6% per annum and the same be released to the petitioner within a period of two months from the date of receipt of certified copy of this order.