Simranpreet Kaur v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.15546 of 2026 Date of Decision: 29.05.2026 Simranpreet Kaur ....Petitioners

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present :

Mr. Saurav Kanojia, Advocate for Mr. Pawan Kumar Goklaney, Advocate for the petitioner.

Mr. Ishan Kaushal, AAG, Punjab.

Mr. Rehatbir Singh Mann, Advocate for respondent No.4.

***** HARPREET SINGH BRAR, J. (Oral) 1.

The petitioner has filed the present writ petition under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of Mandamus seeking direction to the respondents to release payment of ex-gratia as well as DCRG in respect of her husband, namely, Mukhtiar Singh who was working as a Driver in Municipal Council, Guruharsahai and died in harness on 23.09.2024. Further, prayer has been addressed seeking direction to respondents for payment of interest on the delayed payment. 2.

On 26.05.2026, this Court passed the following order:- "Learned counsel for the petitioner, inter alia, contends that the petitioner is the widow of Late Shri Paramjit Singh, who was serving as a Driver with the Municipal Council, Guruharsahai. He further submits that the husband of the petitioner was appointed on 17.08.2012 and

unfortunately died while in service on 23.09.2024. Learned counsel for the petitioner further contends that the petitioner served a legal notice dated 05.03.2026 upon the respondents seeking release of ex-gratia amount, Death-cum-Retirement Gratuity (DCRG), and other admissible service benefits, however, no action has been taken by the respondents thereupon till date. Learned counsel for the petitioner further contends that the petitioner is fully eligible and legally entitled to the release of all consequential service benefits arising out of the service rendered by her deceased husband.

At this stage, Mr. Rehatbir Singh Mann, Advocate, on an advance notice, has put in appearance on behalf of respondent No.4 and file Memo of Appearance, which is taken on record. The Registry is directed to tag the same at appropriate place.

Learned counsel for respondent No.4 seeks a short accommodation to have complete instructions in the matter.

Adjourned to 29.05.2026."

3.

Learned counsel for respondent No.4, at the outset, submits that the entire admissible retiral dues in respect of petitioner's husband have been paid to the petitioner. A cheque amounting to ₹5,71,507/- issued in favour of the petitioner, has been handed over to learned counsel for petitioner today in Court, copy thereof is taken on record as Mark 'X'. Registry is directed to tag the same at an appropriate place.

4.

Learned counsel for petitioner submits that the petitioner is also entitled to interest on account of delayed payment of retiral dues in terms of the judgment rendered by a Full Bench of this Court in A.S. Randhawa Supg. Engineer (Retd.) vs. State of Punjab 1998 (1) SCT 343. 5.

In the view of the admitted facts as above, the present petition is disposed of with a direction to the respondents/competent authority to pay interest at the rate of 6% per annum to the petitioner with a period of three months on the

delayed payment of retiral benefits to be calculated two months after the date of death of petitioner's husband on 23.09.2024 till the actual realization. 6.

It is made clear that in case respondent No.4 deviates from the directions issued by this Court, the petitioner would be at liberty to approach this court under Article 215 of the Constitution of India for initiating contempt proceedings.

7.

Pending miscellaneous application(s), if any, shall also stand disposed of.

(HARPREET SINGH BRAR) JUDGE 29.05.2026 'om'

Whether speaking/reasoned. :

Yes/No Whether Reportable. :

Yes/No