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2010 DIGILAW 2528 (PNJ)

Swaran Kaur v. State Of Punjab

2010-09-06

AJAI LAMBA

body2010
Judgment Ajai Lamba, J. 1. This petition under Articles 226/227 of the Constitution of India has been filed praying for issuance of a writ in the nature of mandamus directing the respondents to release the retiral benefits in the context of service rendered by the husband of the petitioner. 2. It has been pleaded in the petition that Kala Singh, husband of the petitioner, had been serving the Punjab Roadways, Transport Department, since 8.9.1977. The services of Kala Singh were terminated vide order dated 9.10.1997. It seems that the employee-Kala Singh died in November, 1997 itself. Aggrieved by the order of termination of services, statutory appeal was filed. Be that as it may, the penalty was converted from penalty of termination of service to compulsory retirement, which entitled the petitioner to pensionary benefits. 3. Learned counsel for the respondent-State contends that already a very lenient view has been taken by the department in converting the penalty of termination of service to compulsory retirement. In view of the complexity, some delay might have occurred, however, it is neither mala fide nor intentional. 4. Learned counsel for the respondent-State further contends that the pension case has been sanctioned and forwarded to the Accountant General (respondent No. 4) and the pensionary benefits would be released to the petitioner within four weeks from the date of receipt of certified copy of the order. 5. I have considered the contention of the learned counsel for the respondent-State. 6. Against the order of punishment, departmental remedies under the rules were availed. The appeal was accepted vide order dated 3.12.2007, endorsed on 12.12.2007, by the Joint Secretary, Punjab Government, Transport Department. On such finalisation of the issue, surely, the petitioner became entitled to the pensionary benefits in lieu of services rendered by her husband, who died in November, 1997 as he was suffering from a chronic disease which was incurable. 7. The contention of the learned counsel for the respondent- State that already a lenient view has been taken by the department in converting the penalty of termination of service to compulsory retirement and, therefore, the delay in release of retiral benefits be ignored, cannot be accepted, either in law or in facts. On the appeal having been accepted vide order dated 3.12.2007, a right vested in the employee/dependent to the release of retiral benefits. It seems that Kala Singh was absent from duty without leave. On the appeal having been accepted vide order dated 3.12.2007, a right vested in the employee/dependent to the release of retiral benefits. It seems that Kala Singh was absent from duty without leave. The reason for absence is evident from order (Annexure P-1) insomuch as Kala Singh was suffering from a chronic disease i.e. failure of kidneys, and, therefore, could not recover and died. A right having vested in the petitioner to release of retiral benefits immediately after acceptance of departmental statutory appeal, I am of the considered opinion that the respondents should have released the retiral benefits within three months of endorsement of the order. 8. The argument that the delay is not because of mala fide reasons or intentional, would also not be sufficient to justify the delay. If a right is vested in an employee or his dependent, surely the said person is entitled to release of retiral benefits immediately after the right accrues or within a reasonable period thereof. Simply because the action is not mala fide and intentional, would not be a justification for the respondents to delay the release of benefits. 9. Be that as it may, I find no justification for the respondents to withhold the pensionary benefits to the petitioner for approximately three years. 10. Considering the totality of facts and circumstances of the case, the respondents are directed to pay interest at the rate of 9% per annum on the arrears with effect from 11.3.2008 till the time the arrears are paid to the petitioner. The pensionary benefits, arrears and interest as ordered are directed to be paid within four weeks of receipt of certified Civil Writ Petition No. 11263 of 2010 4 copy of the order. 11. The petition stands disposed of with the above directions. Petition disposed of.