Delay in releasing retiral benefits without valid justification entitles the beneficiary to interest on the delayed payments.

JUDGMENT

Harsimran Singh Sethi, J. (Oral). - Present writ petition has been filed seeking the release of the benefits for which the petitioner became entitled after the death of her husband, who was serving as a Medical Officer with the State of Punjab.

2. As per the averments made in the writ petition, Dr. Gurinder Singh i.e. husband of the petitioner, who was serving on the post of Medical Officer at C.H.C. Daroli Bhai, District Moga, unfortunately died while in service on 03.09.2012. Petitioner and her two minors sons are the legal heirs of the deceased Dr. Gurinder Singh.

3. It is not disputed by the respondents-State that immediately after the death of Dr. Gurinder Singh, petitioner, who is the legal heir, became entitled to receive the benefits in respect of the service rendered by her husband including the family pension. Every effort was made by the petitioner to convince the respondents for the release the said benefits to her, but it took eight years before the respondents acceded to the genuine request of the petitioner to release the benefits, but not before the petitioner approached this Court seeking a direction to the respondents for the release of the benefits. The benefits in respect of the service rendered by the late husband of the petitioner were only released to her in December, 2020 i.e. after more than eight years of the death of her husband. It is also conceded by the respondents-State that even as of now only the provisional family pension has been allowed to the petitioner.

4. According to the learned State counsel, during the pendency of the present writ petition, the following payments have been released to the petitioner: -

5. Out of the above-said payments, learned counsel for the petitioner only disputes the receipt of amount of Rs.10,000/- for which the petitioner is entitled for under the Deposit Linked Insurance Scheme. In case, the said amount is due and has not been released to the petitioner so far, the same be also released to her within a period of four weeks from today.

6. Learned counsel for the petitioner argues that there is an inordinately delay on the part of the respondents-State in releasing the benefits and though, the benefits along with the arrears have been released to her in December, 2020, but she is entitled for the benefit of interest on the said payments as the delay is attributable to the respondents only.

7. Learned State counsel has not been able to refute the said allegations. Nothing has been brought on record to show that the delay in the release of the benefits, which is more than eight years, is justifiable or in any manner attributable to the petitioner. In the absence of these facts, it has to be recorded that the delay in the release of the benefits to the petitioner in respect of the service rendered by her late husband as well as the family pension, is attributable to the re