Surat Chander vs State Of Punjab And Others

Harsimran Singh Sethi, J

By this order, the abovementioned writ petitions will be disposed of as they involve the same questions of law as to whether the employee is entitled for interest on delayed payment of pension and pensionary benefits.

Counsel for the petitioners states that the retiral benefits were released by the respondents after the delay and that too unexplained and, therefore, the petitioners are entitled for interest in view of the settled principles of law laid down by Full Bench of this Court in the case of A.S. Randhawa Vs. State of Punjab 1997(3) SCT 468.

Counsel for the petitioners further states that for the relief which is being sought in the present writ petition, the petitioners have filed representations/legal notice(s) with the respondents giving the details as to on which date, the amount became due and when the same was released by the respondents.

Counsel for the petitioners states that the said representations/legal notice(s) are still pending consideration with the respondents and no order is being passed by the respondents without any valid justification. They pray that the respondents be directed to decide their representations/legal notice in a time bound manner.

Counsel for the respondents-State has no objection to consider the representations and pass a speaking order in every case and assures that the decision rendered by Full Bench of this Court in A.S. Randhawa's case mentioned above will be kept in mind while passing the speaking order.

In view of the above, the present writ petitions are disposed of with the directions to the respondents to decide the representations/legal notice(s) as the case may be by passing appropriate speaking orders within the period of three months from the date of receipt of a certified copy of this order. In case after passing the order, it is found that the petitioners are entitled for interest as per the settled principles of law, the same should be calculated @ 9% per annum and the same shall be given to the petitioners within a period of three months thereafter.

The writ petitions stands disposed of in the above terms.