Sangeeta Haryana Vidu a Vidut Prasaran Nigam and others SUS v. itioner
Case Details
CWP-9033- -2022 1 N THE HIGH COURT OF PUNJA IN TH AT CHANDIGA NJAB AND HARYANA DIGARH 245 CWP WP-9033-2022 (O&M) Date of , 2025 ate of Decision: November 18, 2025 Sangeeta Haryana Vidu a Vidut Prasaran Nigam and others SUS VERSUS itioner ....Petitioner ...Responden ondents CORAM:
Legal Reasoning
this Court in urt in A.S. Randhawa, Supdg. Engin jab, ngineer (Retd.) v. State of Punjab 1998 (1) SCT SCT 343. 4. Per contra, learned counsel for ts that sel for the respondent(s) submits that the retiral du iral dues have already been paid to th , he is d to the petitioner(s). However, he is unable to disp to dispute that there has been an inord of the n inordinate delay in the release of the retiral dues a dues and that the case of the petitioner by the itioner stands squarely covered by the judgment in nt in A.S. Randhawa (supra). 5. Having heard the submissions m or the ions made by learned counsel for the parties and up and upon perusal of the record with th spires with their able assistance, it transpires that the fathe e father of the petitioner expired on retiral d on 08.06.2016, whereas the retiral dues, as per s per the affidavit dated 28.10.2024, f two 2024, have been paid by way of two cheques. The s. The relevant extract thereof reads as eads as under:3 <....Thus, the entire am of amount in terms of Rule 5 of Haryana Compassionate Assi of Assistance to the dependents of deceased Govt. Employee Rule ) of Rules, 2006 read with Rule 3(d) of the Family Pension Scheme, 1 the e, 1964 has been disbursed to the petitioner. Calculation sheet in with t in this regard is annexed herewith as Annexure R-2/1. True copy ated copy of cheque No.051348 dated 09.04.2024 and cheque No.0 are No.057807 dated 16.10.2024 are annexed herewith Annexure R- -2/2 and R-2/3 respectively....= PUNEET CHAWLA 2025.11.28 16:33 I attest to the accuracy and integrity of this document CWP-9033- -2022 4 The respondents were obligated within igated to release all retiral dues within two months o nths of death of father of petitioner. uarely As such, present case is squarely covered by t d by the judgment rendered by a Fu A.S. a Full Bench of this Court in A.S. Randhawa (s wa (supra) wherein it was opined th l dues ined that disbursement of retiral dues must be done e done in a timely manner. Any dela onths y delay over a period of two months qua the said d said disbursement would entitle to cla t due. e to claim interest on the amount due. 6. In view of the above, the pr ed of. the present petition is disposed of Respondent dents are directed to release the a elayed the amount of interest on delayed payment to nt to the petitioner at the rate of of all e of 6% per annum in lieu of all admissible re ible retiral dues. The same shall be ca s after l be calculated from two months after the death eath of father of petitioner till till The its actual realization. The respondent(s) dent(s)/competent authority is directe in 03 directed to do the needful within 03 months of rec s of receipt of a certified copy of this o this order. 7. Pending miscellaneous applic stands application(s), if any, also stands
Arguments
HON'BLE MR. JUSTICE HA HARPREET SINGH BRAR Present : Ms. Sangita Dhanda, Advocate f ocate for the petitioner. Mr. Rajesh Gaur, Advocate for t te for the respondents. HARPREET REET SINGH BRAR, J. (Oral) CM-1872-CW CWP-2024 The present application has bee CPC as been filed under Section 151 CPC for placing o cing on record the affidavit submitted tioner mitted by sister of applicant/petitioner as Annexure exure A-1 with exemption from filing ame. filing the certified copy of the same. In view of the grounds mentione ame is ntioned in the application, the same is allowed, as d, as prayed for, subject to all just 1 is ll just exceptions. Annexure A-1 is ordered to be to be taken on record. Registry is directed to place the ace. ce the same at the appropriate place. PUNEET CHAWLA 2025.11.28 16:33 I attest to the accuracy and integrity of this document CWP-9033- -2022 2 Main 1. The present petition has been fil of the een filed under Article 226/227 of the Constitution tution of India praying for issuance of in the ce of a writ, order or directions in the nature of ma mandamus directing the respond ancial spondents to grant all the financial benefits to th s to the petitioner and her siblings ession lings in accordance with succession certificate da ate dated 15.01.2022 (Annexure P g the ure P-9) and further directing the respondents t dents to release compassionate financ yment financial assistance and also payment of ex-gratia ratia as laid down in the schemes of th raying s of the Government. Further praying for directing ecting the respondents to grant family being family pension to the petitioner being unwed depen dependent daughter of deceased Sh. R of the Sh. Ram Rattan, an employee of the respondent N dent Nigam. 2. Learned counsel for the resp utset, e respondent(s), at the very outset, submits that s that all admissible benefits have alre our of ve already been released in favour of the petitioner itioner and that the affidavit of respon liance respondent No. 2, filed in compliance with the orde e order passed by this Court on 18.0 . It is, n 18.07.2024, stands on record. It is, thus, contend ontended that the grievance raised by t t case ed by the petitioner in the present case stands redres redressed, rendering the petition infruc infructuous. 3. In rebuttal, learned counsel for at the el for the petitioner submits that the petitioner ha er has indeed received the fina g inancial benefits amounting to to Rs.18,87,173 87,173/3, however, the same have b g the have been released only during the pendency of cy of the present petition and after an e than fter an inordinate delay of more than eight years. ears. The retiral dues of the petitio leased petitioner's father were not released PUNEET CHAWLA 2025.11.28 16:33 I attest to the accuracy and integrity of this document CWP-9033- -2022 3 immediately iately upon his death, although the ted to h the respondents were obligated to release the sa the same within two months thereof. d that ereof. It is, therefore, contended that the delay in r ay in releasing the retiral dues entitles on the ntitles the petitioner to interest on the delayed paym d payments in terms of the judgment ch of gment rendered by the Full Bench of
Decision
ed of. disposed of. November P.C ber 18, 2025 RAR) (HARPREET SINGH BRAR) JUDGE Whether speaking/reasone Whether Reportable. : easoned. : Yes/No Yes/No PUNEET CHAWLA 2025.11.28 16:33 I attest to the accuracy and integrity of this document