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High Court says retired employees should not have to go to court for pension dues

Chandigarh: The Punjab and Haryana High Court has taken a strong stand against repeated delays in releasing pensions and retirement benefits, observing that retired government employees should not be forced to approach courts to claim their rightful dues.

Justice Sudeepti Sharma ruled that the Head of Office is responsible for ensuring timely processing of retirement benefits and should be held accountable for unnecessary delays. The court also directed the Chief Secretaries of Punjab, Haryana and Chandigarh to fix responsibility on officials found guilty of such lapses.

Head of office responsible for delays

The court observed that the Head of Office is duty-bound to prepare the list of retiring employees, complete all necessary paperwork and ensure that pensionary benefits are released on time.

It held that any delay caused by negligence or lack of knowledge of established rules cannot be allowed to deprive a retired employee of their benefits.

Court rejects state’s argument

The ruling came in a case where a retired government employee was denied interest on the delayed payment of gratuity, leave encashment and provident fund benefits through an order passed in July 2019.

The state had argued that the delay occurred because the employee had submitted pension-related documents late. However, the High Court rejected this contention, stating that an employee should not suffer because of the inaction or negligence of the authorities.

Concern over repeated litigation

The High Court also expressed concern that despite clear legal provisions requiring timely release of retirement benefits, employees are still being compelled to file writ petitions not only to receive their pensionary dues but also to claim interest on delayed payments.

The court emphasised that accountability must be fixed on the officials responsible for such delays.

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