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.
CNR: PHHC011512032018
Filing Number
LPA/1197/2018
Filing Date
02-08-2018
Registration No
LPA/1197/2018
Registration Date
02-08-2018
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
12th May 2026
Nature of Disposal
Contested--DISMISSED
Acts & Sections
Petitioner(s)
THE DISTRICT AND SESSIONS JUDGE JALANDHAR
Adv. MUNISH KAPILA
Respondent(s)
MOHINDER KUMAR SHARMA AND ORS
Orders
MR. JUSTICE KRISHNA MURARI,MR. JUSTICE ARUN PALLI
MR. JUSTICE KRISHNA MURARI,MR. JUSTICE ARUN PALLI
MR. JUSTICE KRISHNA MURARI,MR. JUSTICE ARUN PALLI
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.
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.
Browse Related Cases
Cases under same legislation
Explore other courts