Punjab-Haryana High Court
Harbhajan Kaur vs Punjab State Power Corporation ... on 30 March, 2022
CWP No.15411 of 2021 alongwith
CM-13992-2021 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No.15411 of 2021 alongwith
CM-13992-2021
Date of Decision:-30.03.2022
Harbhajan Kaur
...Petitioner
Versus
Punjab State Power Corporation Limited and others
...Respondents
CORAM:- HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present:- Mr. Karan Bhardwaj, Advocate
for the petitioner.
Mr. Kannan Malik, Advocate
for the respondents.
HARSIMRAN SINGH SETHI J.(Oral)
CM-13992-2021
This is an application filed for issuance of contempt
proceedings against respondents No.1 ato 5 for not complying with the
order dated 12.8.2021.
It is submitted in the application that while issuing notice of
motion on 12.8.2021 the following order was passed :-
"Notice of motion for 31.08.2021.
In the meanwhile, competent authority to pass
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CWP No.15411 of 2021 alongwith
appropriate administrative orders on the pending legal
notice dated 24.05.2021 to take a final decision, either
way, and give specific reasons thereof. Copy of the
administrative order so passed, be placed on the Court
file on or before the next date of hearing."
Learned counsel for the petitioner submits that he does not
want to press the application and the same may kindly be disposed of as
such.
Ordered accordingly.
CWP-15411-2021
In the present petition the prayer of the petitioner is for
issuance of direction to the respondents to release the pensionary benefits of
the late husband of the petitioner, who unfortunately died on 15.04.2021
while serving in PSPCL.
Learned counsel for the petitioner submits that though the
husband of the petitioner died on 15.4.2021, the benefits in respect of the
service rendered by him, have only been released to the petitioner after
inordinate delay despite the fact that there was no impediment in releasing
of the same. Learned counsel for the petitioner very fairly submits that
during the pendency of the present petition, all the benefits for which the
petitioner is entitled for, have been released but as there is delay in
releasing the benefits, which is attributable to the respondents, the petitioner
is entitled for grant of interest on the said delayed release of payment
keeping in view the judgment of Full Bench of this Court in A.S.
Randhawa Vs. State of Punjab and others, 1997(3) SCT 468.
Learned counsel appearing for the respondents submits that in
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CWP No.15411 of 2021 alongwith
case the petitioner raises any grievance including the grant of interest on
delayed release of pensionary benefits by filing appropriate representation,
the same will be looked into keeping in view the facts and circumstances of
this case coupled with the settled principles of law and an appropriate order
on the said representation will be passed by the respondents within a period
of 08 weeks of the receipt of the same and if found entitled for the payment
of interest, the same will be released to the petitioner within a period of next
04 weeks.
Learned counsel for the petitioner submits that keeping in view
the above undertaking given by learned counsel for the respondents, the
present petition may kindly be disposed of having been not pressed any
further with liberty to the petitioner to approach the respondents for the
grant of interest on the delayed release of pensionary benefits.
Ordered accordingly.
It is made clear that in case any representation is filed by the
petitioner, the respondents will be bound by the undertaking, recorded
hereinabove.
March 30, 2022 ( HARSIMRAN SINGH SETHI)
Vijay Asija JUDGE
Whether speaking/reasoned Yes / No
Whether Reportable Yes / No
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