Gurpal Singh And Another vs Punjab State Power Corporation Ltd. And Others

Harpreet Singh Brar, J

CM-17180-CWP-2025

This application has been filed under Section 151 of the Code of Civil Procedure, 1908 seeking preponement of date of hearing from 06.07.2026 to an earlier date.

In view of the averments made in the application, same is allowed and date of hearing is preponed from 06.07.2026 to today.

With the consent of the parties, the main petition is taken on board for final disposal today itself.

CWP-13589-2018

Instant civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorariseeking quashing of the order dated 03.11.2016 (Annexure P-2) and further to issue a writ in the nature of mandamus directing the respondents to release the amount of Rs.5.00 lakhs as solatium in view of surrendering the claim for compassionate appointment in place of their father and also to pay interest on the delayed payment of service benefits of their late father.

Learned counsel for the respondents, at the very outset, submits that claim regarding solatium raised by the petitioners would be considered, in case they submit the requisite documents.

Learned counsel for the petitioners submits that needful will be done within a period of four weeks from today.

Learned counsel for the respondents submits that after submitting the requisite documents by the petitioners, their claim would be processed in terms of instructions circulated vide letter dated 17.09.2018 (Annexure R-1) and appropriate orders would be passed within next six weeks.

However, learned counsel for the petitioners submits that father of the petitioners died in harness on 09.09.2011 and payment of leave encashment was paid to them in the year 2014, however, other benefits i.e. GPF, gratuity, ex-gratia and DLI were released in the year 2016 after filing of COCP-637-2016. As such, the petitioners are also entitled to interest in terms of judgment rendered by the Full Bench of this Court in A.S. Randhawa Supg. Engineer (Retd.) Vs. State of Punjab, 1998 (1) SCT 34, wherein it has been held 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.

Learned counsel for the respondents could not controvert the fact that service benefits of father of the petitioners were released after a considerable delay.

In the wake of statement made by learned counsel for the respondents, present petition is disposed of. However, the respondents are directed to make the requisite payment of interest for delayed release of service benefits of father of the petitioners @6% per annum, to the petitioners, in view of the judgment passed by the Full Bench of this Court in A.S. Randhawa’s case (supra), within a period of 04 months from the date of receipt of certified copy of this order. The period of interest shall be computed from two months after the date, when father of the petitioners expired, till its actual realization.

The pending miscellaneous application(s), if any, shall also be disposed of.