Shiv Dei and Others vs State of Himachal Pradesh and Others

Rajiv Sharma, J.—The present petition was initially filed by Jodha Singh (hereinafter referred to as "the original Petitioner" for clarity), who died during the pendency of the petition and the present Petitioners, being the legal representatives of said Jodha Singh were brought on record vide order dated 6th July, 2010.

According to Mr. Neel Kamal Sood, learned Counsel for the Petitioners, the only dispute pertains to non-payment of interest on D.C.R.G., leave encashment and salary for the period of one month, i.e. January, 1986. Admittedly, the original Petitioner has retired on 31st January, 1986. However, the gratuity, leave encashment and salary for one month has been paid to him on 23rd February, 2006 and 26th May, 2006. It is settled law that the retiral benefits are to be paid immediately when the same become due. In the instant case, there is a delay of more than 20 years so far as release of D.C.R.G. and leave encashment is concerned. He was required to be paid interest on the delayed payment of gratuity under Rule 68 of the Central Services (Pension) Rules, 1972 read with Instruction No. (ii) appended thereto. He has not been paid interest on leave encashment and salary. The salary is a property within the meaning of Article 300A of the Constitution of India. Respondents have not assigned any reason why there was an inordinate delay in release of leave encashment and salary.

Accordingly, the petition is disposed of with a direction to the Respondents to pay interest to the Petitioners on D.C.R.G. under Rule 68 of the Central Civil Services (Pension) Rules, 1972 read with Instruction No. (ii) appended thereto. Respondents are further directed to pay and release the Petitioners interest @ 7% on the delayed payment of leave encashment and salary. Needful be done within a period of two months after the production of certified copy of this judgment. The pending application(s), if any, also stands disposed of. No costs.