[Cites 3, Cited by 0]
Punjab-Haryana High Court
Sona vs Managing Director And Others on 8 January, 2026
CWP-39424-2025 -1-
121 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-39424-2025
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
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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
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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
interest on the amount due. Speaking through Justice N.K. Sodhi, the following
was held:
"9. Since a Government employee on his retirement becomes
immediately entitled to pension and other benefits in terms of the Pension
Rules, a duty is simultaneously cast on the State to ensure the
disbursement of pension and other benefits to the retiree in proper time.
As to what is proper time will depend on the facts and circumstances of
each case but normally it would not exceed two months from the date
of retirement which time limit has been laid down by the Apex Court in
M. Padmanabhan Nair's case (supra). If the State commits any default in
the performance of its duty thereby denying to the retiree the benefit of
the immediate use of his money, there is no gainsaying the fact that he
gets a right to be compensated and, in our opinion, the only way to
compensate him is to pay him interest for the period of delay on the
amount as was due to him on the date of his retirement. Again, as to what
should be the rate of interest, it should, in our view, be generally 12%
unless the circumstances of a particular case warrant the payment of a
higher rate which may extend to even 18%."(emphasis added)
Reliance in this regard may also be paid on the judgments
rendered by the Hon'ble Supreme Court in S.K. Dua vs. State of Haryana
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(2008) 3 SCC 44 and State of Kerala vs. M. Padmanabhan Nair (1985) 1 SCC
429.
7. In the view of the discussion above, the present petition is allowed.
The respondents are directed to pay interest at the rate of 6% p.a. on the amount
disbursed to the petitioner in lieu of pension and pensionary benefits of her
husband, computed w.e.f. two months post the date of his retirement i.e.
16.02.1996 to the date of actual payment. Further, the respondents shall also
pay interest at the rate of 6% p.a. on the amount disbursed to the petitioner in
lieu of her family pension, to be calculated w.e.f. two months after the date on
which she became eligible for the same to the date of actual payment. The
needful shall be done within a period of 04 weeks of receiving a certified copy
of this order.
8. Pending miscellaneous application(s), if any, shall also stand
disposed of.
(HARPREET SINGH BRAR)
JUDGE
08.01.2026
Neha
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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