Er. Bharat B.

Rampal
Retd. Superintending Engineer (CDC)
#1001, Sector- 2,
Panchkula (Haryana)

To
Chief Engineer (Headquarters),
Punjab, PWD; B&R Branch,
Nirman Bhawan, C Block, Patiala.

Dated: Feb.02,2015

Subject Regarding payment of Interest on delayed amount of Gratuity.

Sir,
In regard to subject captioned above, I may state that I retired from the service
of the department on 28.02.2007 and at the time of retirement I was paid only provisional
pension as leave encashment. The amount of commutation as well as DCRG was
unauthorized withheld. I had been representing the department to pay me dues immediately,
but the department put me off repeatedly by stating that due to pendency of Regular
Vigilance Inquiry No. 1/8.2.1996, the above mentioned dues could not be released. It is
appropriate to state that I had brought to the kind notice of the office that since there had been
stay against the proceedings initiated against me for no fault of mine, as such the department
cannot withheld my dues. In return, I was always given an assurance that orders in this
respect based on the rules will be passed in due course of time.
The assurance so repeatedly extended was never honored. Accordingly, for
the delay attributable to the office for not releasing my retrial dues in times, as such I have
become entitled to claim interest at the market rates by virtue of law laid down by the Punjab
and Haryana High Court reported in 2014(4)RSJ.
In the meantime, the Punjab and Haryana High Court quashed the proceedings
vide its judgment dated: 4.9.13 delivered in CWP No. 9548/1995 and resultantly, the
Department ordered releasing of DCRG worth Rs. 8,91,668/- vide Orders issued on 7.2.14
i.e. nearly 7 years after my retirement. But it is most unfortunate that the department did not
release Commutation of Pension, which was applied well before the date of my retirement on
28.2.2007.
Since, there has been delay on the part of the Department to settle my pension
case in time allegedly due to pendency of the above Vigilance proceedings, which was stayed
by the Hon'ble High Court and these dues were released after the High Court, as such by
virtue of law laid by the Court and reported in 2014(4)RSJ, I am entitled to receive interest at
the market rates. It is requested that I may kindly be paid interest from 01.03.2007 till its
realization & credited in my account, at the earliest, so as to meticulously implement the
spirit of the judgment relied upon above.
Thanking you.
Yours sincerely,

(Er. Bharat B. Ram