Reena v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 29.05.2026 Reena ....Petitioner

VERSUS

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present :

Mr. Amit Arora, Advocate for the petitioner.

Mr. Ishan Kaushal, AAG Punjab.

Mr. Shiv C. Bhola, Advocate for respondent No.3. HARPREET SINGH BRAR, J. (Oral) 1.

The present writ 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 death service dues including gratuity, leave encashment, GPF, arrears, ACP arrears and other benefits of husband of petitioner along with interest @ 18% per annum as well as interest on delayed payment from the date of accrual till the date of actual payment.

2.

On 26.05.2026, the following order was passed by this Court:- "Learned counsel for the petitioner, inter alia, contends that the husband of the petitioner was appointed as a Clerk with the respondents on 22.08.2001 and was posted in the office of Municipal Council, Patti-respondent No.3. It is submitted that while serving the department, the husband of the petitioner unfortunately expired on 29.03.2023 during the course of his service tenure. Learned counsel further submits that despite the lapse of more than three years from the date of death of the employee, the respondents have failed to release the entire retiral and service benefits legally due and payable to the petitioner.

It is further contended that the petitioner, being left without financial support after the untimely demise of her husband, has been facing acute financial hardship and severe mental agony, as she and her family were wholly dependent upon the income of the deceased employee. Learned counsel submits that repeated requests and representations were submitted before the competent authorities for release of the retiral dues; however, no effective action has been taken by the respondents. Learned counsel further submits that the petitioner was constrained to serve a legal notice dated 24.04.2026 (Annexure P-1) upon the respondents, calling upon them to release the outstanding retiral and pensionary benefits along with admissible interest, but the same has neither been replied to nor considered till date.

In view of the aforesaid facts and circumstances of the case, learned State Counsel is directed to have complete instructions in the matter, particularly regarding the status of release of retiral benefits of the deceased employee and the

time frame within which the remaining dues shall be disbursed to the petitioner.

List on 29.05.2026."

3.

Learned counsel for respondent No.3 has filed a reply by way of affidavit of Dharam Pal Singh, Executive Officer, in Court today, which is taken on record. Registry is directed to place the same at an appropriate place on the file. Learned counsel further submits that a total sum of Rs.22,65,070/- has been found payable to the petitioner towards the service and death-cum-retiral benefits of her deceased husband. Out of the said amount, a sum of Rs.4,50,000/- had already been released to the petitioner earlier. The balance amount of Rs.15,38,195/- has been handed over today by way of cheque to learned counsel for the petitioner in Court. It is further submitted that a separate cheque amounting to Rs.2,76,875/- towards interest on the delayed release of the aforesaid benefits has also been handed over to learned counsel for the petitioner. Copies thereof are taken on record and marked as Mark 'X'. Registry is directed to place the same at an appropriate place on the file.

4.

Learned counsel for the petitioner submits that in view of the amount released by the respondents, the grievance raised in the present writ petition stands redressed and the petition has been rendered infructuous. 5.

Accordingly, the present writ petition is disposed of, as no further orders are required to be passed in the matter.

6.

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

(HARPREET SINGH BRAR) JUDGE 29.05.2026 Puneet Chawla Whether speaking/reasoned. : Yes/No Whether Reportable. :

Yes/No