P.S. Patwalia, J. - (1.) A perusal of the judgments of the courts below would show that the plaintiff was prematurely retired from service on 31st August, 1994. The plaintiff however, submitted his pension papers on I0th June, 1999 after a gap of 5 years from the date of his premature retirement. The State of Haryana issued notices on 29th December, 1994, 10th April, 1995 and 12th July, 1995 to the plaintiff for submitting his pension papers. Ultimately, for the first time, he made a composite application for release of his retiral benefits on 10th June, 1999. Most of the retiral benefits were paid to him in April 2000. He had filed the present suit claiming that the respondents should be directed to make payment of all his retiral benefits with 24% interest per annum. The courts below have held the plaintiff entitled for 6% interest from December, 1999 up to the date of release of payment. Six months time was granted to the respondents as reasonable to complete all the papers before releasing pension.
(2.) After going through the facts of this case, I am of the considered opinion that the petitioner has been adequately compensated for delay in release of pension by granting 6% interest. No case is made out to enhance the amount of compensation.
(3.) It has been pointed out before me that State of Haryana had also filed a Regular Second Appeal against this very judgments challenging even the grant of 6% interest. The said appeal being R.S.A. No. 4217 of 2005 has been dismissed with the following orders : "The respondent-plaintiff filed a suit for mandatory injunction wherein it was averred that he retired as SDO with the Haryana Government on 16.7.1994 but he has not been released his retiral benefits, therefore, the same be paid to him along with interest. Both the Courts below have found that respondent has submitted his complete pension papers on 10.6.1999 and therefore, decreed the suit and directed the defendant-appellants to pay 6% interest per annum for the delayed payment of pension, leave encashment amount, GIS amount and Gratuity w.e.f. 10. 12.1999 till the date of actual payment. As the appellant retired on 16.9.1994 and submitted his complete pension papers, he has rightly been allowed interest @ 6% per annum. I find no merit in the present appeal and the same is dismissed." At this stage, however, it would be unfair to the petitioner if I do not refer a judgment in RSA No. 2863 of 2003 wherein 12% interest was awarded on the retiral benefit by this court. A perusal of that judgment would show in that case, the plaintiff has submitted his pension papers 10 months prior to the date of retirement and in spite of this fact, for period of one year after retirement pension was not released to him. The facts of the present case are totally different. Here the plaintiff chose to remain silent for a period of 5 years after his retirement. Even otherwise, the grant of interest would depend on the facts of each case. ;