IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

228 CWP-18387-2020 Date of Decision: October 28, 2025 Sinder Kaur @ Shinder Kaur ....Petitioner VERSUS Punjab State Power Corporation Limited and others ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present : Mr. Surinder Gaur, Advocates for the petitioner.

Mr. Parminder Singh-I, Advocate for the respondents-PSPCL.

HARPREET SINGH BRAR, J. (Oral)

1. The present petition has been filed under Article 226/227 of the Constitution of India praying for issuance of a writ, order or directions in the nature of certiorari/mandamus for setting aside the order dated 07.02.2020 passed by respondent No.4 (Annexure P-9) vide which the claim of the petitioner for grant of interest has been declined. Further praying for directing the respondents to not to make any recovery from the arrears and to pay interest on the delayed payment of 50% of family pension and gratuity as the respondents are at fault for non-releasing the same.

2. Learned counsel for the petitioner inter alia contends that the husband of petitioner retired from the service on 30.11.2008 and died on 15.07.2010. The petitioner has only received half share of pension and death gratuity, whereas she was entitled for full family pension and death gratuity. The petitioner being only paid half of the pension and the entire pensionary benefits has not been released. In this regard, she made a representation to respondent No.4 on 11.06.2018 for grant of full pension and gratuity along with arrears but her representation remained unheeded. Feeling aggrieved, she approached this Hon’ble Court by filing CWP-27956-2018 with a prayer for directing the respondents therein to release full family pension as well as gratuity along with the arrears with 18% interest. This Court vide order dated 31.10.2018 disposed of the said writ petition with a direction to look into the representation filed by the petitioner. In compliance of the directions issued by this Court in CWP-27956-2018, respondent No.3 sanctioned the family pension and the pending 50% share, however the petitioner was not given any interest on the delayed payment of arrears. Petitioner was denied her rightful claim of interest on half share of family pension and death gratuity from July, 2010 to April, 2019. Thereafter, petitioner again approached this Court by filing CWP-18570-2019 for seeking interest on the delayed payment of arrears of 50% family pension and gratuity. Vide order dated 11.07.2019, this Hon’ble Court directed the respondents to decide the representation by passing a speaking order within three months. In compliance thereof respondent No.4 passed the impugned order dated 07.02.2020 (Annexure P-9) rejecting the claim of petitioner by observing “that there is no delay in releasing the payment on the part of the Corporation, as such, petitioner is not entitled to any interest. Further, the right to claim arrears is only restricted upto 36 months prior to filing of the writ petition in terms of the order passed by Hon’ble Apex Court in Union of India and others Versus Tarsem Singh in Civil Appeal-5151-5152 of 2008, as there is long delay in seeking the remedy. Accordingly the same is required to be recovered.” Learned counsel for the petitioner further submits that no recovery as observed in the impugned order (Annexure P-9) has been made.

3. Per contra learned counsel for the respondent(s)-Corporation submits that the petitioner has approached this Court in the year 2018 and has not claimed any interest in her first representation and thereafter speaking order was passed on 15.02.2019 with regard to rejecting her claim towards interest. However, he could not controvert the fact that when the CWP-27956-2018 was filed there was specific prayer with regard to release of full family pension and gratuity along with interest @18% interest.

4. Having heard the submissions made by learned counsel for the parties and after perusing the record with their able assi