Punjab and Haryana High Court in Banarsi Dass vs. State of Haryana and others [CWP 7299/2023], observed that withholding the gratuity, leave encashment and retiral benefits was not because of the fault of the employee and it was only because of the surcharge proceedings which were initiated against the employee after his retirement which ultimately was dismissed, although on the ground of limitation, therefore, the employee is certainly entitled to the interest on all the delayed payments of retiral benefits. The Court further clarified that an affidavit has no significance in law and such kinds of affidavits have no force of law. They are non-est and cannot be enforced.
Also read: Employees’ Pension Scheme, 1995 : Higher Pension Pre-Cursor of para 26(6) Finally Resolved
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