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High CourtsSingle Bench(2012) 03 SHI CK 0440

Roshan Lal Garg vs State of Himachal Pradesh and Others

High Court Of Himachal Pradesh · Decided on 19 March 2012

HON’BLE JUDGES
Surinder Singh, J
CASE NUMBER
C.W.P. No. 1949 of 2010
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Judgment

7 paragraphs · 333 words

Surinder Singh, J.—By means of the present petition, petitioner seeks relief that his pension be fixed at the rate of Rs. 12375/- instead of Rs. 11,660/- and direct the release of withheld DCRG on account of difference of pay. The respondents in their supplementary affidavit stated that recovery of Rs. 1,02,693/- from the petitioner was on account of wrong fixation, as pointed out by the 5th respondent, i.e., Accountant General. But later, the mater was got examined by the respondent department and was re-submitted, the withheld amount was released to the petitioner during the pendency of this petition, by cheques as follows:-

Rs. 41077/- was paid on 29.3.2011.

Rs. 10269/- was paid on 7.12.2011.

Rs. 51347/- was paid on 17.12.2011.

The receipt of this amount is admitted by the learned counsel for the petitioner but his main grouse is that the amount was wrongly withheld and delayed, therefore, the respondents are liable to pay interest thereon.

2.

Respondents resist this prayer and banks upon the instructions of the Government dated 29.3.2010 for making payment in installments.

3.

In fact, the petitioner retired from the service on 30.4.2008. No lapse on the part of the petitioner has been pointed out for causing such a delay nor there was any departmental proceeding or criminal trial pending against the petitioner at the time of his retirement. This un-paid portion of the DCRG was withheld as per objection raised by the 5th respondent which on the representation of the respondent department was corrected and the amount was released to the petitioner as he was found entitled to it. In my opinion, the instructions dated 29.3.2010 are not applicable in the present case. Therefore, the above delayed payment shall carry simple interest @9% per annum from the date it fell due. The amount so calculated be paid/released to the petitioner within a period of 3 months from the date of production of copy of this judgment/order. The petition stands disposed of, so also the pending application(s), if any.