The High Court
Case Details
CWP-5001-2023 2023 - 1- IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH 258 VIDYA VATI VIDYA VATI CWP-5001-2023 Date of Decision: 09.09.2025 Date of Decision: 09.09.2025 Date of Decision: 09.09.2025 ….PETITIONER ….PETITIONER VERSUS STATE POWER CORPORATION LTD AND ORS. PUNJAB STATE POWER CORPORATION LTD AND ORS. STATE POWER CORPORATION LTD AND ORS. CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR ….RESPONDENTS ….RESPONDENTS None for the petitioner. Present: None for the petitioner. Mr. Rishabh Gupta, Advocate Mr. Rishabh Gupta, Advocate Mr. Rishabh Gupta, Advocate for respondent-Corporation. for respondent HARPREET SINGH BRAR, J. (ORAL) HARPREET SINGH BRAR, J. (ORAL) 1. been filed under Articles 226/227 This writ petition has been filed under Articles 226/227 been filed under Articles 226/227 This writ petition has of the Constitution of India in the nature of mandamus for directing of the Constitution of India in the nature of mandamus for directing of the Constitution of India in the nature of mandamus for directing of the Constitution of India in the nature of mandamus for directing the respondents to release 100% family pension along with arrears the respondents to release 100% family pension along with arrears the respondents to release 100% family pension along with arrears the respondents to release 100% family pension along with arrears in favour of the petitioner from the date when the department has in favour of the petitioner from the date when the department has in favour of the petitioner from the date when the department has in favour of the petitioner from the date when the department has of her son i.e. from 01.05.2019, being illegally stopped 50% pension of her son i.e. from 01.05.2019, being illegally of her son i.e. from 01.05.2019, being illegally stopped 50% pension wedded wife of deceased Shiv Chand, along with interest @ 9% p.a. wedded wife of deceased Shiv Chand, along with interest @ 9% p.a. wedded wife of deceased Shiv Chand, along with interest @ 9% p.a. wedded wife of deceased Shiv Chand, along with interest @ 9% p.a. from the date when it became due till its realization. from the date when it became due till its realization. from the date when it became due till its realization. 2. 3. None has caused appearance on behalf of the petitioner. None has caused appearance on behalf of the petitioner. None has caused appearance on behalf of the petitioner. Learned Learned counsel counsel for for e the th Corporation, respondent-Corporation, respondent however, submits that the claim raised by the petitioner suffers from however, submits that the claim raised by the petitioner suffers from however, submits that the claim raised by the petitioner suffers from however, submits that the claim raised by the petitioner suffers from delay and laches. The deceased husband of the petitioner died in the delay and laches. The deceased husband of the petitioner died in the delay and laches. The deceased husband of the petitioner died in the delay and laches. The deceased husband of the petitioner died in the year 1997 and petitioner has been appointed on compassionate year 1997 and petitioner has been appointed on compassionate year 1997 and petitioner has been appointed on compassionate year 1997 and petitioner has been appointed on compassionate ension was awarded to the son of the ground. Further, 50% family pension was awarded to the son of the ension was awarded to the son of the ground. Further, 50% family p NAINA KATHIAT 2025.09.10 15:58 I attest to the accuracy and integrity of this document CWP-5001-2023 2023 - 2-
Legal Reasoning
deceased husband of the petitioner from his first marriage and 50% deceased husband of the petitioner from his first marriage and 50% deceased husband of the petitioner from his first marriage and 50% deceased husband of the petitioner from his first marriage and 50% of the family pension is being drawn by the petitioner. The step son of the family pension is being drawn by the petitioner. The step son of the family pension is being drawn by the petitioner. The step son of the family pension is being drawn by the petitioner. The step son of the petitioner continued to receive family pension till 25.04.2019 of the petitioner continued to receive family pension till 25.04.2019 of the petitioner continued to receive family pension till 25.04.2019 of the petitioner continued to receive family pension till 25.04.2019 ned the age of 25 years. Thereafter, the petitioner has when he attained the age of 25 years. Thereafter, the petitioner has ned the age of 25 years. Thereafter, the petitioner has when he attai filed this petition in the year 2023 claiming 100% family pension. filed this petition in the year 2023 claiming 100% family pension. filed this petition in the year 2023 claiming 100% family pension. filed this petition in the year 2023 claiming 100% family pension. The right of the petitioner crystallized in the year 1999 with regard The right of the petitioner crystallized in the year 1999 with regard The right of the petitioner crystallized in the year 1999 with regard The right of the petitioner crystallized in the year 1999 with regard to any claim of pension and she kept mum for more than 24 years to any claim of pension and she kept mum for more than 24 years to any claim of pension and she kept mum for more than 24 years to any claim of pension and she kept mum for more than 24 years and thus, this petition on the ground of delay and laches is required and thus, this petition on the ground of delay and laches is required and thus, this petition on the ground of delay and laches is required and thus, this petition on the ground of delay and laches is required to be dismissed. to be dismissed. 4. It is trite law that the delay in approaching this Court It is trite law that the delay in approaching this Court It is trite law that the delay in approaching this Court It is trite law that the delay in approaching this Court under Article 226 of the Constitution of India may be condoned if under Article 226 of the Constitution of India may be condoned if under Article 226 of the Constitution of India may be condoned if under Article 226 of the Constitution of India may be condoned if able explanation is provided sufficient cause is indicated or a reasonable explanation is provided able explanation is provided sufficient cause is indicated or a reason for the same. However, the facts of the matter at hand indicate for the same. However, the facts of the matter at hand indicate for the same. However, the facts of the matter at hand indicate for the same. However, the facts of the matter at hand indicate not appeared and thus, otherwise. Learned counsel petitioner has not appeared and thus, otherwise. Learned counsel petitioner has otherwise. Learned counsel petitioner has which specify any compelling or extenuating circumstance, which specify any compelling or extenuating circumstance failed to specify any compelling or extenuating circumstance prevented him/her hing this Court for such a long him/her from approaching this Court for such a long hing this Court for such a long time. Reference in this regard may be made to the judgment time. Reference in this regard may be made to the judgment time. Reference in this regard may be made to the judgment time. Reference in this regard may be made to the judgment rendered rendered by by a a Judge three-Judge Judge Bench Bench Bench of of of the Hon'ble the Hon'ble the Hon'ble Supreme Court Court in Chairman/Managing Director, U.P. Power Chairman/Managing Director, U.P. Power Chairman/Managing Director, U.P. Power Corporation Limited and Others vs. Ram Gopal (2021) 13 SCC Corporation Limited and Others vs. Ram Gopal (2021) 13 SCC Corporation Limited and Others vs. Ram Gopal (2021) 13 SCC Corporation Limited and Others vs. Ram Gopal (2021) 13 SCC , wherein, the following was held: 225, wherein, the following was held: 16. Whilst it is true that limitation does not strictly “16. Whilst it is true that limitation does not strictly Whilst it is true that limitation does not strictly of the apply to proceedings under Articles 32 or 226 of the apply to proceedings under Articles apply to proceedings under Articles Constitution of India, nevertheless, such rights Constitution of India, nevertheless, such rights Constitution of India, nevertheless, such rights Constitution of India, nevertheless, such rights cannot be enforced after an unreasonable lapse of cannot be enforced after an unreasonable lapse of cannot be enforced after an unreasonable lapse of cannot be enforced after an unreasonable lapse of Consideration of unexplained delays and inordinate time. Consideration of unexplained delays and inordinate Consideration of unexplained delays and inordinate time. NAINA KATHIAT 2025.09.10 15:58 I attest to the accuracy and integrity of this document CWP-5001-2023 2023 - 3- laches would always be relevant in writ actions, and writ laches would always be relevant in writ actions, and writ laches would always be relevant in writ actions, and writ laches would always be relevant in writ actions, and writ exercising their courts naturally ought to be reluctant in exercising their courts naturally ought to be reluctant in courts naturally ought to be reluctant in discretionary jurisdiction to protect those who have slept discretionary jurisdiction to protect those who have slept discretionary jurisdiction to protect those who have slept discretionary jurisdiction to protect those who have slept over wrongs and allowed illegalities to fester. Fence- over wrongs and allowed illegalities to fester. over wrongs and allowed illegalities to fester. - sitters cannot be allowed to barge into Courts and sitters cannot be allowed to barge into Courts and sitters cannot be allowed to barge into Courts and sitters cannot be allowed to barge into Courts and cry for their rights at their convenience, and vigilant cry for their rights at their convenience, and vigilant cry for their rights at their convenience, and vigilant cry for their rights at their convenience, and vigilant to be treated alike with mere citizens ought not to be treated alike with mere to be treated alike with mere citizens ought not . On multiple occasions, it has been restated opportunists. On multiple occasions, it has been restated . On multiple occasions, it has been restated opportunists that there are implicit limitations of time within which writ that there are implicit limitations of time within which writ that there are implicit limitations of time within which writ that there are implicit limitations of time within which writ remedies can be enforced. In SS Balu v. State of Kerala remedies can be enforced. In , SS Balu v. State of Kerala, this Court observed thus: this “17. It is also well settled principle of law that settled principle of law that settled principle of law that "delay defeats equity". .... It is now a trite law It is now a trite law "delay defeats equity". .... that where the writ petitioner approaches that where the writ petitioner approaches that where the writ petitioner approaches after a the High Court after a reliefs long delay, reliefs long delay, prayed for may be denied to them on the prayed for may be denied to them on the prayed for may be denied to them on the ground of delay and laches irrespective of the ground of delay and laches irrespective of the ground of delay and laches irrespective of the t that they are similarly situated to the fact that they are similarly situated to the t that they are similarly situated to the other candidates who obtain the benefit of the other candidates who obtain the benefit of the other candidates who obtain the benefit of the judgment.”” (emphasis added) (emphasis added) 5. Further, in Mrinmoy Maity vs. Chhanda Koley and Further, Mrinmoy Maity vs. Chhanda Koley and Mrinmoy Maity vs. Chhanda Koley and the Hon’ble Supreme Court has others 2024 AIR SC 2717, the Hon’ble Supreme Court has the Hon’ble Supreme Court has others 2024 AIR SC 2717, categorically observed that the High Courts must factor in the delay, categorically observed that the High Courts must factor in the delay, categorically observed that the High Courts must factor in the delay, categorically observed that the High Courts must factor in the delay, while exercising its discretionary powers under Article 226 of the while exercising its discretionary powers under Article 226 of the while exercising its discretionary powers under Article 226 of the while exercising its discretionary powers under Article 226 of the Constitution of India. It was further opined that undue and Constitution of India. It was further opined that undue and Constitution of India. It was further opined that undue and Constitution of India. It was further opined that undue and on enough to dismiss a petition as unexplained delay may be reason enough to dismiss a petition as on enough to dismiss a petition as unexplained delay may be reas indolent litigants ought not to be encouraged by writ Courts. indolent litigants ought not to be encouraged by writ Courts. indolent litigants ought not to be encouraged by writ Courts. 6. In State of Uttaranchal v. Shiv Charan Singh In State of Uttaranchal v. Shiv Charan Singh State of Uttaranchal v. Shiv Charan Singh