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CWP-11802-2026 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

118

CWP-11802-2026 (O&M)

Date of decision: 13.05.2026

Savita Rani

....Petitioner

Versus

State of Punjab and others

....Respondents

CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present: Mr. R.K. Arora, Sr. Advocate

with Mr. Shivam Ahuja, Advocate for the petitioner.

Ms. Pratibha Bali, AAG, Punjab.

Mr. H.S. Randhawa, Advocate for respondent No.3.

HARPREET SINGH BRAR J. (Oral)

1. Prayer in this writ petition filed under Articles 226/227 of

the Constitution of India, is for issuance of a writ in the nature of

certiorari, for quashing the action of the respondents in not releasing the

family pension, gratuity and other due death-cum-retirement benefits to

the petitioner in respect of the service rendered by her deceased husband

namely late Sh. Ashwani Kumar Sikka, who died on 19.03.2024.

Further a writ of mandamus has been sought, directing the respondents

to release the family pension, gratuity and other due death-cum-

retirement benefits to the petitioner in respect of the service rendered by

her deceased husband with interest @ 18% per annum for delay in terms

of the law laid down by the Full Bench of this Court in A.S. Randhawa

vs State of Punjab, 1997(3) RSJ 318

MOHD YAKUB

2026.05.13 17:35

I attest to the accuracy and authenticity of

this document

Punjab & Haryana High Court,

Chandigarh.

CWP-11802-2026 2

2. On 20.04.2026, the following order was passed:-

Learned counsel for the petitioner, inter alia,

contends that the husband of the petitioner joined service

with the Municipal Corporation, Ludhiana on 09.11.2000

as a Junior Engineer under the handicapped category and

earned promotions during his service tenure. He

unfortunately expired on 19.03.2024. He further submits

that no charge-sheet, departmental enquiry or criminal

proceedings were pending against him during his lifetime.

Even otherwise, it is a settled law that upon the death of an

employee, any pending disciplinary proceedings stand

abated. Despite this, the respondents have failed to release

the family pension and gratuity to the petitioner and only

partial retiral benefits have been disbursed. The sole

ground for withholding the remaining benefits is stated to

be the non-availability of certain records pertaining to the

year 2008, which cannot be attributed to the petitioner. He

further submits that the petitioner, being a widow, cannot

be made to suffer on account of administrative lapses on

the part of the respondents and she is dependent upon the

retiral benefits of her deceased husband for sustenance.

Mr. H.S. Randhawa, Advocate, appears on advance

notice on behalf of respondent No.3 and seeks time to get

instructions in the matter.

This Court is prima facie satisfied with the

arguments raised by learned counsel for the petitioner. In

the absence of any disciplinary proceedings, there appears

to be no justification for withholding the retiral benefits of

the deceased employee. As such, one opportunity is granted

to the respondents to release the admissible retiral dues to

the petitioner within a period of two weeks from today,

along with interest @ 6% per annum, to be calculated after

MOHD YAKUB

2026.05.13 17:35

I attest to the accuracy and authenticity of

this document

Punjab & Haryana High Court,

Chandigarh.

CWP-11802-2026 3

the expiry of two months from the date of death of the

employee till its actual realization. In case of non-

compliance, this Court shall be constrained to take

coercive steps, including attachment of the salary of

respondent No.3, on the next date of hearing.

List again on 13.05.2026.

3. Today, learned counsel for respondent No.3, on instructions

from Mr. Rohit Gill, Department of Controller Finance and Accounts,

Punjab, submits that the gratuity amount has already been released to

the petitioner and the arrears of pension shall be credited to her account

during the course of the day. He further submits that interest @ 6% per

annum on account of delay in releasing the retiral dues shall also be

paid to the petitioner w