Punjab-Haryana High Court
Neelu Sharma vs State Of Punjab And Others on 21 October, 2024
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
Neutral Citation No:=2024:PHHC:137433
CWP-27640-2024 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
299 CWP-27640-2024 (O&M)
Date of Decision :21.10.2024
Neelu Sharma ...Petitioner
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. Anureet S. Sidhu, Advocate for the petitioner.
Mr. T.P.S. Chawla, Senior DAG, Punjab
assisted by Dr. Subhash Kumar. State Public Health Department
Kharar.
***
Harsimran Singh Sethi, J. (Oral)
Learned counsel for the respondent-State on instructions from
Dr. Subhash Kumar, O/o State Public Health Department, Kharar submits
that all the dues admissible to the petitioner in respect of the services
rendered by the late husband of the petitioner will be released to the
petitioner within period of 04 weeks from the date of receipt of copy of this
order.
Learned counsel for the respondent-State further submits that
the disciplinary proceedings which were pending against the husband of the
petitioner have already been ordered to be dropped and all the emoluments
admissible to the petitioner will be released to the petitioner within a period
of four weeks from the date of receipt of copy of this order.
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Neutral Citation No:=2024:PHHC:137433
CWP-27640-2024 (O&M) -2-
As after the death of the husband of the petitioner, who died on
24.12.2022, there was no valid justification with the department to continue
with the departmental proceedings so as to withhold the service benefits for
which the petitioner was entitled in respect of the service rendered by late
husband of the petitioner including pension as well as family pension
starting from 25.12.2022, not only the said benefits have to be released to
the petitioner but as the said benefits have been retained by the respondents,
keeping in view the judgment of the Coordinate Bench of this Court in of
J.S. Cheema Vs. State of Haryana, 2014(13) RCR (Civil) 355, wherein it
has been held that where an amount belonging to an employee, has been
retained and used by the respondents, upon the release of the said amount,
on a later date, the interest has to be given, the petitioner is also held
entitled for the benefit of interest on the arrears of pensionary benefits of the
late husband of the petitioner, pension as well as family pension for which,
the petitioner becomes entitled after the death of her husband @ 6% per
annum from the date the same became due till the actual payment is made.
The relevant paragraph of J.S. Cheema's case (supra) is as under: -
"The jurisprudential basis for grant of interest
is the fact that one person's money has been
used by somebody else. It is in that sense rent
for the usage of money. If the user is
compounded by any negligence on the part of
the person with whom the money is lying it may
result in higher rate because then it can also
include the component of damages (in the form
of interest). In the circumstances, even if there
is no negligence on the part of the State it
cannot be denied that money which rightly
belonged to the petitioner was in the custody of
the State and was being used by it."
It is made clear that in case, the undertaking given before this
Court is violated in any manner to the effect that the benefits are released
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Neutral Citation No:=2024:PHHC:137433
CWP-27640-2024 (O&M) -3-
after the period of 04 weeks, the same will not only amount to contempt of
Court but otherwise serious view will be taken.
Present petition is disposed of in above terms.
Civil miscellaneous application pending, if any, is also disposed
of.
October 21, 2024 (HARSIMRAN SINGH SETHI)
aarti JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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