Court holds itself accountable: Punjab & Haryana HC fines State, own admin over pension delay to widow

The Punjab and Haryana High Court has strongly criticized the delay in releasing pension and retiral dues to the widow of former Civil Judge (Senior Division)-cum-Additional Chief Magistrate Gurnam Singh Sewak, who passed away in 2021.

The court imposed a fine of ₹25,000 on the State of Punjab and the High Court administration for the prolonged withholding of pensionary benefits, Bar and Bench reported.

A Bench comprising Chief Justice Sheel Nagu and Justice Sudhir Singh expressed disappointment over the inaction, emphasizing that pensionary benefits are akin to property under Article 300A of the Constitution and cannot be denied without legal justification.

The court ordered that the fine be paid to Sewak’s widow, Pritam Kaur, within 60 days, failing which the matter would be brought before an appropriate Bench for execution.

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Years of pension denial despite legal relief

Sewak, who had initially joined the Punjab Accountant General’s office in 1964, cleared the Punjab Civil Services (Judicial) exam in 1973 and later sought voluntary retirement in 1996. However, his retirement plea was rejected due to a departmental inquiry, and he was placed under suspension. After his superannuation in 1999, he was dismissed from service in 2001.

In a major legal victory, Sewak’s dismissal was overturned in 2018 by the High Court, which quashed the chargesheet and inquiry report against him. The Supreme Court upheld this decision in 2019, dismissing an appeal by the High Court administration. Despite this, his pensionary benefits remained unpaid, causing undue hardship to him and his family. He passed away in 2021, never having received his rightful pension.

Administrative delays and questionable decisions

Kaur approached the court in 2022, seeking the release of pension and arrears. However, the High Court’s administrative wing insisted on recovering ₹1.87 lakh received by Sewak as a subsistence allowance during his suspension, leading to further delays in processing his pension. This stance persisted even after the Vigilance Disciplinary Committee in 2023 dropped all charges and recommended that his suspension period be treated as leave, with full benefits restored to his family.

Despite this, family pension was only sanctioned and released in early 2024. The High Court questioned why the dues, which were legally owed from March 2018 onward, had been delayed for so long.

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Court orders compensation for widow

Highlighting the injustice faced by Sewak and his widow, the court ruled that she must be compensated with interest over the arrears of pension, family pension, and gratuity. The ₹25,000 fine imposed on the State and the High Court administration aims to hold them accountable for the distress caused by the prolonged delay, the Bar and Bench report said.

The case was argued by advocates Bikramjit Singh Patwalia, Abhishek Masih, and Gaurav Jagota on behalf of the petitioner. Senior Deputy Advocate General Salil Sabhlok represented the State of Punjab, while advocate Dhiraj Chawla appeared for the High Court administration.