State of Hary f Haryana and others SUS v. itioner
Case Details
CWP-1457- -2023 1 IN THE HIGH COURT OF PUNJAB IN TH AT CHANDIGA NJAB AND HARYANA DIGARH 208 Devi Laxmi Devi CWP-1457-2023(O&M) .2025 Date of decision:14.11.2025 State of Hary f Haryana and others SUS VERSUS itioner .....Petitioner .....Responden ondents CORAM: HON'BLE MR. JUSTICE HA E HARPREET SINGH BRAR Present : Mr. R.K. Hooda, Advocate for e for the petitioner. Mr. Piyush Khanna, AAG, Hary , Haryana. Ms. Sehaj Sandhawalia, Advoca dvocate for respondents No.3 to 5. Mr. Lokesh Chander Aggarwal, No.7. arwal, Advocate for respondent No.7. HARPREET REET SINGH BRAR, J. (Oral) CM-13947- -CWP-2024 The present application has bee ule 10 as been filed under Order 1 Rule 10 read with Sec ith Section 151 CPC for impleading th ar, as ding the applicant-Mukesh Kumar, as party-respond espondent No.8 in the writ petition. Learned counsel for the petition prayer petitioner does not oppose the prayer made in the a n the application and submits that he resent hat he has no objection to the present application b tion being allowed. PUNEET CHAWLA 2025.11.18 14:50 I attest to the accuracy and integrity of this document CWP-1457- -2023 2 In view of the above, the pres e present application is allowed and d and Sh. Mukesh K kesh Kumar, is ordered to be added as ended ded as respondent No.8 and amended memo of part of parties is taken on record. Registry to place the same at the at the appropriate place. Main 1. The present petition has been fil of the een filed under Article 226/227 of the Constitution tution of India seeking a direction to thwith tion to the Respondents to forthwith grant to the o the petitioner all pensionary benefi m the benefits along with interest from the date of her hu .1974. her husband’s death, i.e., 05.01.1974. 2. Learned counsel for the petition at the petitioner inter alia contends that the factual matrix matrix of the case, which spans nearly aga of nearly five decades, reveals a saga of administrativ strative apathy and a persistent str . The ent struggle for rightful dues. The petitioner’s h er’s husband, Late Maha Singh, was in the , was appointed as Lineman-II in the Electricity D city Department on 24.06.1955 and se tricity and served in the erstwhile Electricity Department o ment of the Government of Haryana. and of ryana. On 05.01.1974, the husband of the petitione titioner died in harness while work fficer working as a Sub-Station Officer (S.S.O.) und .) under the Executive Engineer State ineer (P) Division, Haryana State Electricity Bo city Board (HSEB), Ballabgarh. 3. Subsequently, the petitioner, an an ex- er, an illiterate lady, received an ex gratia payme payment of Rs. 6,026/-. Learned coun retiral d counsel argues that all other retiral benefits, incl s, including Family Pension, Gratuity never ratuity, and Leave Salary, were never PUNEET CHAWLA 2025.11.18 14:50 I attest to the accuracy and integrity of this document CWP-1457- -2023 3 paid to the o the petitioner despite making nu to the ng numerous representations to the authorities co ties concerned. Respondent No. 7 add cutive . 7 addressed a letter to the Executive Engineer, Ba er, Ballabgarh, seeking particulars o vide lars of the deceased employee vide communicati nication dated 01.09.1987. In respons r, vide esponse, the Executive Engineer, vide letter dated 1 ated 19.09.1989, wrote to the Superi ircle, Superintending Engineer, OP Circle, Faridabad, re ad, requesting release of the retiral b d that etiral benefits. It was mentioned that the service bo vice book and relevant records had be ies on had been sent to higher authorities on 28.12.1988 a 988 and that the deceased had been al 6058, een allotted GPF Account No. 16058, from which G hich GPF deductions were regularly m larly made. 4. Ultimately, the petitioner filed h was r filed CWP-2122-2005, which was
Decision
disposed of o ed of on 08.02.2005 with a direction to er the tion to the respondents to consider the petitioner’s r er’s representation by passing a sp 3). a speaking order (Annexure P-3). Learned coun d counsel submits that despite the pe ching the petitioner repeatedly approaching the authoritie horities to trace the service record of of ord of her late husband for release of pensionary b nary benefits, the matter was kept p ments kept pending, with the departments merely excha exchanging correspondence without g thout granting any substantive relief. 5. Thereafter, the petitioner recei dated r received a copy of a letter dated 21.09.2006 (A 006 (Annexure P-10) issued by the X bgarh the XEN (OP) Division, Ballabgarh to the Com Commissioner, Provident Fund, F t the nd, Faridabad, intimating that the petitioner’s la er’s late husband had been a member d had ember of the EPF since 1962 and had opted for pen or pension in the year 1971, with a req n case th a request to decide the pension case PUNEET CHAWLA 2025.11.18 14:50 I attest to the accuracy and integrity of this document CWP-1457- -2023 4 at the earlie earliest. The relevant portion of t 06 is of the letter dated 21.09.2006 is reproduced a uced as under: “In co again EPF si deduct 5.1.197 n continuation to this office Memo ain intimated that Late. Sh. Maha F since 1962, and he has also opted duction of FPF was continuously 1.1974. emo No. 2983 dated 19.9.89, it is it is aha Singh SSO was the member of r of the opted the FPF Scheme 1971 and the till usly deducted from his salary till Now th again pensio docum Singh visities this office time and and w the widow of late Sh. Maha Sin e she has not received any family mily ain and reported that till date sh ired already submitted all the required nsion, where as this office has alre ice. cuments/information in your office. It is th Sh. M earlies is therefore again requested that th . Maha Singh may be considered rliest under intimation to this office. ce.” late at the case of family pension of late the ered sympathy and decided at the 6. The petitioner subsequently rec ndent tly received a letter from respondent No. 7 dated 1 dated 10.11.2006 (Annexure P-11) cal copies 11) calling upon her to furnish copies of certain do ain documents, including documents s of her ents submitted after the death of her husband, as d, as well as an attested photocopy nd an tocopy of her bank account and an indemnity bo ity bond. The petitioner promptly c ll the ptly complied and submitted all the required docu d documents. 7. In the year 2007, the petitioner r and itioner’s son separated from her and moved away, away, leaving the aged and illiterate t. She iterate petitioner without support. She became dep and e dependent on neighbors and ghter. later her married daughter. Subsequently uently, the petitioner suffered serio ecame d serious illness and even became paralytic in t ic in the year 2015, which rendered g her dered her incapable of pursuing her case. Upon le pon legal advice, the petitioner filed I Act filed applications under the RTI Act PUNEET CHAWLA 2025.11.18 14:50 I attest to the accuracy and integrity of this document CWP-1457- -2023 5 dated 14.09. 14.09.2022 (Annexure P-14, P-15) EPFO 15) to the DHBVNL and EPFO seeking infor information on the release of her pen ts RTI er pension. The DHBVNL, in its RTI reply dated 1 ated 19.10.2022 (Annexure P-16) state not be 6) stated that information could not be supplied sinc d since the matter is very old and no r office. nd no record is available in the office. Left with no ith no alternative, the petitioner, who ars of r, who is now more than 80 years of age and livin d living in destitution, has approach in for proached this Court once again for redressal of h al of her grievances. 8. Per Contra, learned counsel fo ts that sel for the respondents submits that the retiral ben iral benefits of the deceased were duly . This re duly released to the petitioner. This includes: a) s: a) Ex-gratia of Rs. 6,026/- (Ann 6); b) (Annexure R-2/1, 19.08.1976); b) Gratuity of y of Rs. 6,219/- (Annexure R-2/2, Salary 2/2, 05.10.1989); c) Leave Salary arrears of Rs of Rs. 3,024/- and Rs. 366/; and a di 62.90 d a difference in pay of Rs. 1,062.90 (04.02.1975). .1975). A consolidated letter dated 05. ) was ted 05.04.1989 (Annexure R-2/3) was sent to the HS the HSEB Secretary detailing all these ll these payments. 9. Learned counsel further submits Maha ubmits that the deceased, Late Maha Singh, was a was a member of the Employees' P heme yees' Provident Fund (EPF) Scheme since 1962 a 962 and opted for the Family Pensio hen it Pension Fund (FPF) in 1971 when it was introduc troduced. He was, therefore, not co nsion not covered under the GPF/Pension Scheme of th of the Board. This fact was brough tioner rought to the notice of the petitioner vide letter da tter dated 23.03.1989 (Annexure R-2/ ndeed 2/4). A GPF account was indeed opened (No. (No. 16058), and an amount of Rs. ruary f Rs. 24/- was deducted in February 1969. Howev However, upon the deceased’s own r .1972 own representation dated 24.02.1972 PUNEET CHAWLA 2025.11.18 14:50 I attest to the accuracy and integrity of this document CWP-1457- -2023 6 (Annexure R ure R-2/5) stating that he was already heme, lready a member of the EPF scheme, further GPF GPF deductions were stopped. Thu ership . Thus, his substantive membership remained wit ed with the EPFO. 10. Moreover, learned counsel nsel argues that oner’s the petitioner’s Provident Fu ent Fund claim was settled by the EPF mated he EPFO on 15.12.1987, as intimated to the depart department vide letter dated 12.09.20 e then .09.2005 (Annexure R-2/7). The then Superintende ntendent/Estt. for the Chief Engineer, H order ineer, HVPNL, Hisar, passed an order on 28.11.200 .11.2005 (Annexure R-2/8) stating o the ing that all dues payable to the petitioner had er had already been made. 11. I have heard the learned cou have d counsel for the parties and have perused the re tance. d the record with their able assistance. 12. In the present case, the petitio stitute petitioner, an illiterate and destitute widow, has b , has been compelled to run from pilla cades pillar to post for nearly five decades and ultimatel timately approach this Court in her s ant of her struggle to secure the grant of family pensio pension and other retiral benefits of he oner’s s of her late husband. The petitioner’s earlier writ writ petition was disposed of in to the f in 2005 with a direction to the respondents t dents to decide her representation, ye nding ion, yet the matter was kept pending with the dep e departments merely exchanging co anting ing correspondence without granting any substanti bstantive relief. The case paints a dishe icture a disheartening and distressing picture of administra inistrative apathy compounded by age, d by the petitioner’s advanced age, deteriorating rating health, and lack of effective leg idow, tive legal assistance. An aged widow, already burd burdened by grief and financial har suffer ial hardship, is being made to suffer PUNEET CHAWLA 2025.11.18 14:50 I attest to the accuracy and integrity of this document CWP-1457- -2023 7 further becau because of systemic indifference Such ence and procedural neglect. Such situations hig ns highlight the unfortunate reality th justice lity that those most in need of justice often find the ind themselves most helpless in secur ative, securing it. Left with no alternative, the petitioner itioner was compelled to approach thi ing to ach this Court once more, clinging to the faint hope t hope that her plea would finally be h ly be heard. 13. What is particularly distress istressing is that, t her throughout her prolonged or ged ordeal, the poor widow was kep about s kept completely uninformed about any decision cision regarding her claim. Adding to L, in ing to her torment, the DHBVNL, in its RTI reply reply dated 19.10.2022 (Annexure P ation ure P-16), stated that the information sought could could not be furnished as the matter record matter was “very old” and no record was availabl ailable with the office. Further, the ritten r, the Respondents, in their written statement, br ent, brought a completely new twist to erting wist to the factual matrix by asserting that the pe he petitioner’s deceased husband r the band was not covered under the GPF/Pension ension Scheme of the Board. 14. This Court is of the consider tional nsidered opinion that Constitutional Courts bear a bear a sacred obligation to uphold fu nsure old fundamental rights and to ensure that the con e constitutional vision extends its erable s its reach to the most vulnerable sections of s of society. Within this constituti f the stitutional scheme, the role of the judiciary in ry in safeguarding and providing , the iding relief to the voiceless, the marginalized alized, and those dwelling at the lo l and the lowest rungs of the social and economic ord tance. ic order assumes utmost importance. PUNEET CHAWLA 2025.11.18 14:50 I attest to the accuracy and integrity of this document CWP-1457- -2023 8 15. The Preamble solemnly enshrin ial, nshrines the ideals of justice, social, economic, a ic, and political as the guiding uiding promise itizen. to every citizen. Constitutiona tutional morality, therefore, demands t anner ands that institutions act in a manner that honours nours human dignity and equality. So pheral lity. Social justice is not a peripheral ideal but the ut the very foundation of democracy, as the cracy, and the judiciary stands as the vigilant custo t custodian of this commitment. When alized . When individuals from marginalized backgrounds ounds lack the resources or the voi hts, it e voice to vindicate their rights, it becomes the es the duty of the constitutional court hts do l courts to ensure that those rights do not remain m ain merely theoretical or illusory. tional sory. The principle of constitutional compassion, ssion, grounded in human dignity, emp of the ty, empathy, and the upliftment of the oppressed ha sed has guided this approach. Extendi 0 year xtending relief to a voiceless 80 year old widow an dow and securing her rights is thus no retion hus not a matter of judicial discretion or benevolen evolence, rather it is a constitution in the itutional imperative anchored in the Preamble and le and Articles 14, 19, and 21 of the ourts of the Constitution. Whenever Courts fail to protect protect the weakest, the constitutional d. But tional promise stands diminished. But when they ris hey rise to defend them, the transform tution nsformative spirit of the Constitution shines in its t in its truest form. 16. Curiously, all departmental com th the al communications annexed with the present writ t writ petition indicate that the peti relief e petitioner is entitled to the relief claimed. Mo d. Moreover, it is incomprehensible have nsible how the deceased could have been allotted llotted a GPF Account Number if h er the er if he was not covered under the Board’s GPF s GPF/Pension Scheme. This Court is te that ourt is further constrained to note that the Responde spondents have consciously chosen t rather osen to file only short replies rather PUNEET CHAWLA 2025.11.18 14:50 I attest to the accuracy and integrity of this document CWP-1457- -2023 9 than a para- -wise reply to the writ petition, an on by ion, and the documents relied upon by the petitioner itioner have not been specifically cont r why ly controverted. It is also unclear why the Respond spondents failed to rely upon Anne r writ Annexure R-2/4 in the earlier writ petition filed filed by the petitioner (CWP No. 212 o. 2122-2005). 17. In view of the above, the Princi trative Principal Secretary or Administrative incharge, Ele e, Electricity department, Governme ted to vernment of Haryana is directed to personally ex ally examine the veracity of the petitio iod of petitioner’s claims within a period of two months f onths from the date of receipt of a cer and to f a certified copy of this order and to ensure that a that all lawful benefits due to the to her o the petitioner are released to her forthwith. 18. The present petition is dispo nding disposed of accordingly. Pending miscellaneou laneous applications, if any, shall also ll also stand disposed of. RAR) (HARPREET SINGH BRAR) JUDGE November P.C 14, 2025 Whether speaking/r Whether Reportable king/reasoned. : Yes/No Yes/No ortable. : PUNEET CHAWLA 2025.11.18 14:50 I attest to the accuracy and integrity of this document