Harbans Kaur v. State Of Ut, Chandigarh And Others

CWP No. 37911 of 2025 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 37911 of 2025 Date of Decision:29.01.2026 Harbans Kaur ....Petitioner vs.

State of U.T.,Chandigarh and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Bhupinder Ghai, Advocate for the petitioner Mr. Deepak Malhotra, Additional Standing Counsel for respondents No. 1 to 3 *** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondents to release retiral benefits and provisional pension of her deceased husband. 2.

The petitioner is widow of Mr. Hans Raj who joined Chandigarh Police as Constable in 1981. He came to be implicated in FIR No.RC-CHG2010A0018 dated 11.08.2010 registered under Sections 120-B of Indian Penal Code, 1860 and Sections 7, 13 of Prevention of Corruption Act, 1988 at Police Station CBI, ACB, Chandigarh. He superannuated on 30.05.2012 during the pendency of trial. He was convicted by learned Special Judge, CBI Court, Chandigarh vide judgment dated 21.07.2014. PARAMJIT KAUR SAINI 2026.01.29 04:53 I attest to the accuracy and integrity of this document

CWP No. 37911 of 2025 -2Appeal against conviction is pending before this Court in CRA-S-3337SB-2014. He passed away on 08.04.2015. 3.

Learned counsel for the petitioner submits that despite retirement of deceased employee in 2012, no retiral dues or provisional pension have been released by the respondent. Her claim has been rejected on the ground of conviction and further pendency of appeal before this Court. She claims that withholding of entire pension including provisional pension is not permissible under Civil Service Rules. 4.

Learned counsel for the respondents, on instructions from Sh. Bhil Singh, ASI, Chandigarh Police, submits that petitioner has directly approached this Court instead of approaching authorities, nevertheless, respondent would consider present petition as her representation and pass an appropriate order within three months from today. 5.

Counsel for the petitioner agrees to the aforesaid arrangement. 6.

In the wake of statement of both sides, the petition stands disposed of.

(JAGMOHAN BANSAL) JUDGE 29.01.2026 paramjit Whether speaking/reasoned: Yes Whether reportable:

No PARAMJIT KAUR SAINI 2026.01.29 04:53 I attest to the accuracy and integrity of this document