Santosh Kum h Kumari v. State of Punja f Punjab

HON'BLE MR. JUSTICE HA Mr. Harpal Singh Saini, Advoc HARPREET SINGH BRAR Advocate for the petitioner (through V.C.). unjab. Mr. Vikas Arora, DAG, Punjab. None for respondent No.4. Mr. Chandan Singh, Advocate fo cate for respondent No.5. HARPREET REET SINGH BRAR, J. (Oral)

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 ce of a writ in the nature of certiorari for quashing shing the order No.28 dated 07.01.20 use of 7.01.2020 (Annexure P-1) because of which petitio petitioner is being dragged from one o ult on one office to another for no fault on her part. Furt rt. Further praying for issuance of a w of a writ in the nature of mandamus directing the g the respondents to release the pe w.e.f. the pension of the petitioner w.e.f.

01.09.2019 a 019 and also to release the amount of osited unt of DA which was to be deposited PUNEET CHAWLA 2026.01.19 17:04 I attest to the accuracy and integrity of this document CWP-9188- -2020 2 in the GPF GPF account and also the arrears o rears of revision of pay scale from

01.01.2006 to 006 to May 2009 (which was also to b lso to be deposited in the GPF account of petitioner) tioner).

2. Learned counsel for the petition etitioner, inter alia, contends that the petitioner had er had retired on 31.08.2019 after re ars of fter rendering more than 30 years of service. The . The retiral dues of the petitioner iately ioner were not released immediately upon her reti retirement. Learned counsel furthe behalf further refers to reply filed on behalf of responden ondent No.4 and submits that the bal the balance PF of the petitioner lying with the res he respondent No.4 was given to n to respondent No.5 vide cheque No.336180 d 180 dated 26.03.2013 amounting t ting to Rs.64,870/-. The intimation regarding th ng the same was also provided to .2020 ed to the petitioner on 24.06.2020 through regis h registered post along with photocopy tocopy of the cheque. The respondent was duty-bou bound to disburse the same to the to the petitioner within two months from the da the date of her retirement; howeve ionary owever, the petitioner’s pensionary benefits were s were released only after an inordi y. As inordinate and unjustified delay. As such, the dela he delay in releasing all her retiral dues al dues entitles the petitioner for grant of interest on rest on the same terms of the judgme ch of dgment rendered by a Full Bench of this Court in urt in A.S. Randhawa Supdg. Engin ngineer (Retd.) vs. State of Punjab 1998 (1) SCT SCT 343.

3. There is no representation on No.4. ion on behalf of respondent No.4. However, lea , learned counsel for respondent N unt of ent No.5 submits that an amount of Rs.33,383/- - has been paid to the petition etitioner through the cheque dated PUNEET CHAWLA 2026.01.19 17:04 I attest to the accuracy and integrity of this document CWP-9188- -2020 3

15.01.2026. . However, he is not in a position at the osition to controvert the fact that the same has be been paid after an inordinate del ner is ate delay for which the petitioner is entitled to in to interest in terms of judgment pass ra). nt passed in A.S. Randhawa (supra). Learned cou d counsel for respondent No.5 is no rm or is not in a position to confirm or controvert the ert the stand taken by respondent No. nt No.4 in his reply regarding amount of PF transfer ransferred by respondent No.4 to respo o respondent No.5.

4. Having heard the submission m or the sion made by learned counsel for the parties and a and after perusing the record with th spires ith their able assistance, it transpires that the petiti petitioner retired from the service on l dues ice on 31.08.2019 and her retiral dues have been p een paid after an inordinately long long delay. The respondents were obligated to r ed to release her all retiral dues within ment. within two months of her retirement. As such, her her case is squarely covered by th a Full by the judgment rendered by a Full Bench of this of this Court in A.S. Randhawa (sup d that (supra) wherein it was opined that disbursement ement of pension and other benefits ust be nefits payable at retirement must be done in a tim n a timely manner. Any delay over a ua the over a period of two months qua the said disburse sbursement would entitle the retired em on the ired employee to claim interest on the t due. amount due.

5. As far as the calculation of the a resent f the amount is concerned, the present petition is di is disposed of with a direction to re ne the n to respondent No. 2 to examine the contextual fa tual facts and determine whether there easing r there has been any delay in releasing the retiral du iral dues and, if so, to ensure paym payment of interest on the delayed payment of th nt of the admissible retiral dues accrue ate of accrued to the petitioner at the rate of 6% per annu r annum. Such interest shall be calc f two e calculated from the expiry of two PUNEET CHAWLA 2026.01.19 17:04 I attest to the accuracy and integrity of this document CWP-9188- -2020 4 months after s after her retirement until the date of ful be ate of actual payment. The needful be done within a ithin a period of three months from t rtified from the date of receipt of a certified copy of this o f this order.

6. Copy of this order be supplied el for plied to the learned State counsel for information a ation and strict compliance.

7. In case, the officer concerned ctions cerned deviates from the directions issued by thi by this Court, the petitioner would b priate ould be at liberty to file appropriate application u tion under Article 215 of the Co nitiate e Constitution of India to initiate contempt pro pt proceedings.

8. Pending miscellaneous ap stands ous application(s), if any, also stands ed of. disposed of. ry 15, 2026 January 15 P.C RAR) (HARPREET SINGH BRAR) JUDGE Whether speaking/reasone Whether Reportable. : easoned. : Yes/No Yes/No PUNEET CHAWLA 2026.01.19 17:04 I attest to the accuracy and integrity of this document