COCP No. 209 of 2009 1
In the High Court for the States of Punjab and Haryana at Chandigarh
...
COCP No. 209 of 2009
Date of decision: August 18, 2009
Naveen Chand Thakur son of Jagdish Chand Thakur ..Petitioner
Versus
Shri K.B.S.Sidhu and others
..Respondents
Coram: Hon’ble Mr. Justice Rakesh Kumar Garg
Present: Mr. Daman Dhir, Advocate
for the petitioner.
Mr. M.C.Berry, Addl.A.G. Punjab
with respondents
,,,
Rakesh Kumar Garg, J(Oral)
As per the averments made in this petition, vide order dated
8.8.2008, the respondents were directed to re-fix the pension of the petitioner
and also to pay the arrears of pay restricted to 38 months prior to the filing of the
writ petition and the pro rata pension within 3 months from the date of receipt of
certified copy of the aforesaid order.
The order Annexure R-1 has been passed by the DPI(Colleges),
Punjab, Chandigarh on 6.8.2009 in compliance of the aforesaid orders, a photo
copy of an order dated 17.8.2009 sanctioning the aforesaid benefits has also
been placed on record to show that the amount to be released to the petitioner
with regard to the aforesaid arrears has been sent to the Treasury.
In view of the fact that order dated 8.8.2008 passed by this court
stand complied substantially, I am not inclined to proceed further with this
contempt petition.
Rule discharged.
It is also pointed out that as per the judgment of this court dated
8.8.2008, the petitioner is also entitled to interest at the rate of 12 % on the
aforesaid arrears from the date they became due till the date of realization. Let
the petitioner be paid the interest as per the judgment of this court dated
COCP No. 209 of 2009 2
8.8.2008 within a period of two months from today. However, it will be open to
the competent authority to fix the responsibility of the officer concerned who is
responsible for causing in passing the orders Annexure R-1 and to recover the
amount of interest paid by the State to the petitioner on this amount.
August 18, 2009 (RAKESH KUMAR GARG)
nk JUDGE