THE DISTRICT AND SESSIONS JUDGE JALANDHAR vs MOHINDER KUMAR SHARMA AND ORS — LPA/1197/2018

Case under No Acts Defined. Disposed: Contested--DISMISSED on 12th May 2026.

Case disposed

CNR: PHHC011512032018

Filing Number

LPA/1197/2018

Filing Date

02-Aug-2018

Registration No

LPA/1197/2018

Registration Date

02-Aug-2018

Judge

Mr. Justice Jasgurpreet Singh Puri , Mrs. Justice Amarjot Bhatti

Coram

Mr. Justice Jasgurpreet Singh Puri , Mrs. Justice Amarjot Bhatti

Category

73.3 - GOVT. SERVICE HARYANA (MEDICAL RE-IMBURSEMENT) ( 94 )

Judicial Branch

LPA SECTION

Decision Date

12-May-2026

Nature of Disposal

Contested--DISMISSED

Last updated 01-Jun-2026

Acts & Sections

No Acts Defined

Petitioner(s)

  1. 1.THE DISTRICT AND SESSIONS JUDGE JALANDHAR

    Adv. MUNISH KAPILA

Respondent(s)

  1. 1.MOHINDER KUMAR SHARMA AND ORS

Case History

  1. Case disposedDisposed

  2. 12-May-2026

    Mr. Justice Jasgurpreet Singh Puri,mrs. Justice Amarjot BhattiView PDF

    Case Summary: LPA/1197/2018 Court Decision: The Punjab and Haryana High Court dismissed the District and Sessions Judge Jalandhar's appeal and upheld the Single Judge's award of 9% compensatory interest on delayed gratuity payment. Key Facts: Mohinder Kumar Sharma, a Process Server, retired on 31.05.2007 with pending disciplinary proceedings. His Death-cum-Retirement Gratuity (DCRG) was withheld until his exoneration on 16.04.2011 and final payment on 09.02.2012. The Single Judge awarded 9% per annum interest for the delay period, which the appellant challenged. Court's Reasoning: The Court held that the interest granted was compensatory (not penal) in nature—compensation for deprivation of use of money legitimately owed. Relying on Supreme Court precedent that pensions are valuable rights (not state bounty), the Court ruled that even with pending proceedings justifying withholding, employees cannot be deprived of accrued interest on the withheld amount to prevent unjust enrichment. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 15-Dec-2018

    Mr. Justice Krishna Murari,mr. Justice Arun Palli

  4. 26-Sep-2018

    Mr. Justice Krishna Murari,mr. Justice Arun Palli

  5. 06-Aug-2018

    Mr. Justice Krishna Murari,mr. Justice Arun Palli

  6. 02-Aug-2018

    Case filed

    Registration No. LPA/1197/2018

casestatus.in Summary

Case Summary: LPA/1197/2018 Court Decision: The Punjab and Haryana High Court dismissed the District and Sessions Judge Jalandhar's appeal and upheld the Single Judge's award of 9% compensatory interest on delayed gratuity payment. Key Facts: Mohinder Kumar Sharma, a Process Server, retired on 31.05.2007 with pending disciplinary proceedings. His Death-cum-Retirement Gratuity (DCRG) was withheld until his exoneration on 16.04.2011 and final payment on 09.02.2012. The Single Judge awarded 9% per annum interest for the delay period, which the appellant challenged. Court's Reasoning: The Court held that the interest granted was compensatory (not penal) in nature—compensation for deprivation of use of money legitimately owed. Relying on Supreme Court precedent that pensions are valuable rights (not state bounty), the Court ruled that even with pending proceedings justifying withholding, employees cannot be deprived of accrued interest on the withheld amount to prevent unjust enrichment. This case analysis is maintained by casestatus.in based on publicly available court records.

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