SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(P&H) 81

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SONA – Appellant
Versus
MANAGING DIRECTOR AND OTHERS – Respondent



121 IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Date of decision: 08.01.2026

Sona ....Petitioner

Versus

Managing Director, Uttar Haryana Bijli Vitran Nigam

Limited and others ...Respondents

CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present: Sandeep Thakan, Advocate

for the petitioner.

Mr. Sanjeev Kaushik, Advocate, Ms. Manreet Kaur, Advocate and

Ms. Amisha Rana, Advocate

for respondents No.1 to 3-UHBVN.

HARPREET SINGH BRAR, J. (ORAL)

1. The present petition has been filed under Articles 226/227 of the Constitution of India praying for issuance of a writ in the nature of mandamus directing the respondents to release the interest accrued on account of delayed payment pension and pensionary benefits of her husband as well as the family pension granted to her as per the office memorandum/instructions (Annexure P-

3).

2. Learned counsel for the petitioner submits that husband of the petitioner-Ram Dia served the respondent-UHBVN as an Assistant Foreman and met with an accident causing a disability to the extent of 80%, while in service. Consequently, he was compulsorily retired w.e.f. 16.02.1996 i.e. the date of declaration of disability by the relevant authorities. Ram Dia ultimately passed away in the year 2009. Thereafter, vide judgment dated 06.03.2024 (Annexure P-1) passed by this Court in CWP No.4389 of 2020, the petitioner

was granted arrears of pension and other retiral benefits accrued to her husband along with a direction to fix her family pension. In compliance of the abovesaid judgment, the petitioner was granted Rs.44,000/- towards leave encashment, Rs.25,99,628/- towards pension w.e.f. 17.02.1996 to 31.08.2024 while Rs.3,76,778/- was deducted as EPF.

3. He further submits that the State of Haryana issued instructions dated 20.02.2002 (Annexure P-3) regarding payment of interest on delayed disbursement of pension and other retiral benefits. However, in spite of making various representations, the petitioner has been unjustly denied the said interest. Furthermore, in a similar matter bearing CWP No.26406 of 2017, vide judgment dated 06.11.2019 (Annexure P-4), this Court held the petitioner therein to be entitled to interest on delayed payment of pension and other retiral benefits. Learned counsel also places reliance on the judgment rendered by a Full Bench of this Court in A.S. Randhawa vs. State of Punjab and others

1997 (3) SCT 468.

4. Per contra, learned counsel for the respondents submits that the respondents have complied with the judgment dated 06.03.2024 (Annexure P- 1) passed by this Court in CWP No.4389 of 2020 and released the pension and pensionary benefits to the petitioner. However, there was no direction to release any interest for delayed disbursement thereof.

5. Having heard learned counsel for the parties and after perusing the record of the case, it appears that vide judgment dated 06.03.2024 (Annexure P- 1), the petitioner was granted arrears of pension as well as pensionary benefits accrued on account of compulsory retirement of her husband w.e.f. 16.02.1996.

The respondents have released the due amount towards leave encashment and pension, while deducting the EPF amount in the year 2024, about 28 years post- retirement of the now deceased husband of the petitioner. The petitioner was also granted family pension while her husband had passed away back in the year 2009. Further still, it is not the case of the respondents that any disciplinary action was pending against the deceased employee. As such, there is no justification in denying interest to the petitioner on account of the significantly delayed disbursement of the said retiral dues.

6. At this juncture, a gainful reference can be made to the judgment rendered by a Full Bench of this Court in A.S. Randhawa (supra) wherein it was opined that disbursement of pension and other benefits payable at retirement must be done in a timely manner. Any delay over a period of two months, qua the said disbursement would entitle the retired employee to claim intere

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top