Laxmi Devi vs State Of Haryana And Others

Harsimran Singh Sethi, J

In the present writ petition, the petitioner, who is the widow of one Sh. Madan Lal, is seeking the benefits for the service, which her deceased husband had rendered with respondents-Corporation.

As per the averments made in the writ petition, the petitioner stated that all the benefits for which she was entitled for in respect of the service rendered by her late husband, have not been released in her favour. The husband of the petitioner who was working as a Sweeper with the respondents-Corporation died on 16.07.2008. After the death of her husband, the petitioner was entitled for the gratuity, leave encashment, ex-gratia and the financial assistance every month. The petitioner was entitled for the provident fund also.

Upon notice of motion, respondents No. 3 and 4 have filed reply in which it has been stated that all the dues for which the petitioner was entitled for, have been released. It has been mentioned that once all the benefits have been released to the petitioner, no grievance can be made by the petitioner. In support of their claim, they have attached a chart (Annexure R-3/1) showing the dates of payments made to the petitioner under various heads. The said chart is as under :-

Particular

Pre

Cheque No. and

Difference

Cheque No.

Total

revised

Date

on a/c of

and Date

Amount

scale

Revised

Paid

scale

Gratuity

92,604/-

088876

dated

33,924/-

021443

dated

1,26,528/-

29.08.2008

28.07.2015

Leave

49,787/-

088876

dated

20,506/-

021443

dated

70,293/-

Encashment

29.08.2008

28.07.2015

Ex-Gratia

25,000/-

088876

dated

--

--

25,000/-

29.08.2008

Financial

11,822/-

088876

dated

--

--

Monthly paid

Assistance

29.08.2008

regularly

(17.7.08

to

31.08.08)

Arrear

of

--

--

1,73,705/-

016675

dated

1,73,705/-

Revised

pay

06.06.2011

alongwith

ACP

Arrear of DA

--

--

42,319/-

036548

dated

42,319/-

of Financial

22.09.2016

Assistance

from 1.7.11

to 31.7.2013

G.P.F.

82,419/-

455011

dated

--

--

82,419/-

10.11.2008

Financial

--

--

--

--

Paid

w.e.f.

Assistance

17.07.2008

to

31.08.2013

regularly on

monthly

basis.

Family

--

--

--

--

w.e.f.

Pension

01.09.2013

to life time of

the

petitioner

on

monthly

basis.

A bare perusal of the above chart would show that though some of the payments were initially made within a period of one month but the arrears on account of the revised pay scale were paid to the petitioner only in the year 2015. The arrears of ACP for which the husband of the petitioner was entitled for, was paid on 06.06.2011 whereas the arrears of dearness allowance from 01.07.2011 to 31.07.2013 were paid only in September, 2016.      There is an inordinate delay in release of the said payments by respondent No. 4 and there is not even a single word of justification given by the respondents about the said delayed payments. At this stage, learned counsel for the petitioner states that no averments regarding the entitlement of leave encashment has been given by the respondents in the chart.

It is a settled preposition of law that the employee or the legal heirs are entitled for the pensionary benefits immediately when they become due. In case they are withheld without any valid justification, the same will gave a cause to the claimant to claim interest as well. A Full Bench of this Court in the case of A.S. Randhawa Vs. State of Punjab, 1997 (3) SCT 468 has held that the employees are entitled for interest on the delayed payments. The relevant paragraph of the judgment reads as under :-

"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 retirer 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 the 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."

In view of the above, as the respondents themselves have admitted in the chart reproduced above that the payments were delayed, the petitioner becomes entitled for the interest on the said payment from the date it became due till the same were released to the petitioner.

The writ petition is allowed. The respondents No. 3 and 4 are directed to grant the petitioner interest on the delayed payments @ 6% per annum from the date it became due till the same was released to the petitioner. Let the calculation of interest be done within a period of three months from the date of receipt of certified copy of this order and the interest so calculated shall be disbursed to the petitioner within a period of one month thereafter. While calculating the interest the respondents shall also pass appropriate order with regard to the entitlement of the petitioner in respect of the leave encashment which were available to the late husband of the petitioner.

The writ petition is allowed in above terms.