Punjab: Judge who received compulsory retirement in 2006 will get 9% interest on delayed benefits

Punjab: A judge has got justice six years after his compulsory retirement order was quashed. The Punjab and Haryana High Court has not only directed the State of Punjab to pay 9 per cent interest on the delayed release of his pension benefits but also quashed the communication seeking recovery of interest from pension benefits received earlier. Hearing a petition filed by judicial officer Naginderjit Singh against the State of Punjab and other respondents, a division bench of Justice Suresh Thakur and Justice Sudipti Sharma observed that the petitioner was initially appointed to the Punjab Civil Service (Judicial Branch) in 1983 and promoted to the Punjab Superior Judicial Service in 1999. He was compulsorily retired from service on June 8, 2006.

The court noted that his challenge to the compulsory retirement order was allowed by the Punjab and Haryana High Court on August 8, 2018. The state’s appeal against this decision was dismissed by the Supreme Court on May 7, 2019. Subsequently, the full court of the Punjab and Haryana High Court resolved on July 26, 2019, that his compulsory retirement be withdrawn, he be treated as reinstated from June 8, 2006 and he be awarded 50 per cent of his pay from the date of compulsory retirement till his superannuation on May 31, 2017 along with full pensionary benefits. However, despite the order in favour of the petitioner, the respondents delayed payment of pensionary benefits. The court said: “There is no default on the part of the petitioner due to which he should be made liable to pay interest. Rather, as per the language of Rule 9.13, the delay in payment was due to administrative lapse of the respondent-Finance Department and the respondent-Home Affairs and Justice Department.” The bench cited Rule 9.13 of the Punjab Civil Services Rules, Volume II, which states that gratuity should be paid within three months from the date of retirement, and in case of delay beyond that, the government servant will be entitled to interest on the delayed payment. The court further said that the respondents failed to comply with the judgment dated August 8, 2018 even after the Supreme Court dismissed the state’s appeal. This is contempt of court. The court said, “The respondents did not comply with the judgment dated August 8, 2018, which was confirmed by the Supreme Court on May 7, 2019, which amounts to contempt of court. This amounts to harassment of the petitioner at the hands of the respondents due to unnecessary procedure/departmental formalities.” Before passing the order, the court directed the State of Punjab to pay 9 per cent interest on delayed payment of pension benefits and quashed the letter dated March 1, 2024 seeking recovery of interest from the petitioner. The writ petition was allowed, and the impugned communication was set aside.