IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 256 CWP-26686-2021 (O&M) Date of Decision:- 09.07 .2026 Parkash Devi … PeƟƟoner Versus State of Haryana and others ... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. B.K.Bagri, Advocate for the peƟƟoner. Mr. Piyush Khanna, Addl. AG, Haryana. Mr. A.P.S. Sekhon, Advocate for respondent No.2. ***** NIDHI GUPTA, J . Present Civil Writ PeƟƟon under ArƟcles 226/227 of the ConsƟtuƟon of India has been filed for issuance of a writ in the nature of CerƟorari quashing order dated 25.11.2020 (Annexure P-7), whereby the peƟƟoner's claim for interest on the delayed payment of DCRG amounƟng to Rs. 1,22,832/- and GIS has been rejected and direcƟng the respondents to pay interest @ 18% per annum on the delayed payment, along with all consequenƟal benefits. 2. It is inter alia submiƩed by learned counsel for the peƟƟoner that deceased husband of the peƟƟoner had been appointed on daily wage basis as NEELAM KUMARI 2026.07.10 18:25 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-26686-2021 (O&M) - 2 - Mali-cum-Chowkidar on 01.07.1987. His services were regularized as Mali-cum- Chowkidar on 01.04.1993. While in harness, he expired on 27.02.2009. Upon the death of her husband, the peƟƟoner received ex-graƟa amount as per the Haryana Ex-graƟa Rules, 2006. However, the peƟƟoner was not paid the Child EducaƟon Allowance for which she is enƟtled aŌer the death of her husband. Accordingly, peƟƟoner had submiƩed representaƟon and legal noƟce dated 15.07.2019 (Annexure P-1); followed by reminder dated 26.7.2019 (Annexure P2); and representaƟon dated 02.08.2019 (Annexure P-3). ThereaŌer, vide sancƟon order dated 03.09.2019 (Annexure P-4), passed by respondent No.2, an amount of Rs.1,22,832/- was deposited in the pension account of the peƟƟoner on 16.11.2019 towards Death-cum-ReƟrement Gratuity payment (DCRG). 3. Ld. counsel contends that this DCRG amount was payable to the peƟƟoner on 27.02.2009 aŌer the death of her husband. However, the same was sancƟoned only on 03.09.2019. Thus, peƟƟoner is enƟtled to interest for this delayed period. It is contended that this delay has occurred due to the negligence and deficiency of service on part of the respondents. Accordingly, the peƟƟoner had served another legal noƟce dated 16.01.2020 (Annexure P-5) under SecƟon 80 CPC upon the respondents. As no interest was paid to the peƟƟoner even thereaŌer, peƟƟoner had filed CWP-16477-2020 Ɵtled as Parkash Devi versus State of Haryana and others, which was disposed of by this Court vide order dated 08.10.2020 (Annexure P-6) with a direcƟon to respondents No.3 and 4 to examine the case of the peƟƟoner. It is submiƩed that thereaŌer, impugned order dated 25.11.2020 (Annexure P-7) has been passed, rejecƟng the claim of the peƟƟoner. Learned counsel contends that NEELAM KUMARI 2026.07.10 18:25 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-26686-2021 (O&M) - 3 - from the above facts, it is clear that the respondents have been derelict in not fulfilling their liability of paying the DCRG to the peƟƟoner within Ɵme. The amount which was due to the peƟƟoner on 27.02.2009 has been sancƟoned on 03.09.2019 and paid on 16.11.2019 without any interest, with a delay of 10 years and 8 months aŌer the death of her husband. As such, impugned order dated 25.11.2020 cannot be sustained. 4. Per contra, learned counsel for the respondent-State opposes submissions advanced on behalf of the peƟƟoner and submits that the delay, if any, has been caused by the peƟƟoner herself. As such, the peƟƟoner is not enƟtled to any interest as she herself is responsible for the delay which has occurred in releasing the payment of DCRG. It is stated that there has been no delay on part of the respondents in releasing the DCRG payment. Accordingly, dismissal of the writ peƟƟon is prayed for. 5. No other argument is made on behalf of learned counsel for the parƟes. I have heard ld. counsel and perused the case file and record in detail. 6. I find merit in the submissions advanced on behalf of the respondent-State. 7. A perusal of para No.1 of wriƩen statement filed on behalf of respondents No.1, 3 and 4 dated 13.07.2022 reads as under: “1. That the service parƟculars of late Sh. Jagbir Singh (Mali-cum- Chowkidar) are not contested being maƩer of record. The peƟƟoner's claim for children educaƟon allowance is liable to be rejected as she is not eligible for "Children educaƟon allowance" as her husband expired on 27-02-2009 and there was no such scheme in force at that Ɵme. The scheme for grant of Children educaƟon allowance to Haryana Govt. Employees came into force on 1st July, 2009 vide FD Haryana O&M No.7 4/5/2009-5FR dated NEELAM KUMARI 2026.07.10 18:25 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-26686-2021 (O&M) - 4 - 18.06.2009. It may be submiƩed that without there being any right and purely on humanitarian grounds the reimbursement for children educaƟon allowance is made on the basis of submission of self declaraƟon cerƟficate provided by the claimant to the department. The peƟƟoner submiƩed the self declaraƟon only for the financial years 2017-18, 2018-19 & 2019-20 for her only son named Manish for the classes 10th, 11th & 12th respecƟvely. For all these three financial years children educaƟon allowance have been paid to the peƟƟoner vide office order No. 203-206 dated 10.01.2019, office order No. 1958-60 dated 14.03.2019, office order No. 1868-70 dated 12.03.2019 & office order No. 4427-29 dated 26.06.2020. As no declaraƟon was filed prior to that, the peƟƟoner cannot now claim the same. Copies of these orders are enclosed herewith as Annexures R-1, R-2, R-3 & R-4 respecƟvely. Further the claim of the peƟƟoner with respect to interest upon the delayed payment of DCRG is also liable to be dismissed as there is no delay on the part of the respondents in releasing the payment of DCRG. PeƟƟoner was to submit the death cerƟficate of deceased and other documents for processing Insurance, DCRG and Ex-GraƟa payment but she did not submit the required documents and kept silence about the due benefits for long Ɵme. She did not submit any representaƟon Ɵll 12.07.2019 and directly served a legal noƟce dated 12.07.2019 for releasing the payment of DCRG. However, aŌer requisite documents were submiƩed by the peƟƟoner on 02.08.2019, the DCRG was released by the office of the Accountant General (A&E) Haryana Chandigarh vide their office leƩer No. PEN- 8//2219256046256046/1/P/ 19/11/265064 dated 03.09.2019, Copy aƩached as Annexure R-5.” 8. A bare reading of the above shows that even though provision for DCRG payment was issued only on 1.7.2009. As husband of the peƟƟoner had expired on 27.2.2009, peƟƟoner was not enƟtled for reimbursement under DCRG. Yet, taking a humanitarian view, the respondent had released the said payment to the peƟƟoner. Further, the peƟƟoner had submiƩed the required documents only on dated 02.08.2019. Immediately, thereaŌer, aŌer receiving NEELAM KUMARI 2026.07.10 18:25 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-26686-2021 (O&M) - 5 - approval from the competent authority, sancƟon order dated 03.09.2019 was passed; and peƟƟoner had received payment in her account on 16.11.2019. Clearly, therefore, there is no delay occurring on account of any derelicƟon on part of the respondents. As such, peƟƟoner cannot be held enƟtled to interest. 9. In this regard, averments made in para 3 of the reply on merits of the wriƩen statement dated 13.07.2022 are also relevant and the same reads as follows: “3 That contents of para No. 3 of CWP are wrong and hence denied. However, it is stated that on receipt of applicaƟon regarding death of Sh. Jagbir Singh, the peƟƟoner Smt. Parkash Devi was to submit the death cerƟficate of deceased and other documents for processing Insurance, DCRG and Ex-GraƟa payment but she did not submit the required documents and kept silence about the due benefits for long Ɵme. She did not submit any representaƟon Ɵll 12-07-2019 and directly served a legal noƟce dated 12.07.2019 for releasing the payment of DCRG. The reply to the legal noƟce was sent to her counsel Ms. Tini Chahar, Advocate vide answering respondent No. 5096 dated 17-07-2019 and requested to direct her client to submit documents like Aadhaar Card, Photo, Family and Bank details. Further the DCRG is sancƟoned by the Accountant General, (A&E) Haryana, Lekha Bhawan, Sector-33A Chandigarh on the basis of Pension/Family Pension File completed and submiƩed by the peƟƟoner supported with documents like Aadhaar Card, Photo, Family detail and Bank Details which she submiƩed on 02-08-2019.” 10. As noted above, peƟƟoner had submiƩed necessary documents only on 02.08.2019. ThereaŌer, her case was submiƩed to the Accountant General (A&E) Haryana, who had passed the sancƟon order. It is not disputed that all financial assistance, as payable to the peƟƟoner under the Haryana Compassionate Assistance to the Dependents of Deceased Government Employees (Amendment) Rules, 2006, are being paid to the peƟƟoner on NEELAM KUMARI 2026.07.10 18:25 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-26686-2021 (O&M) - 6 - monthly basis. It is reiterated that husband of the peƟƟoner had expired on 27.02.2009. ThereaŌer, she had served legal noƟce upon the respondents for the first Ɵme only 15.07.2019 (Annexure P-1) i.e. aŌer a period of 10 long years. Thus, peƟƟoner cannot be held enƟtled to interest. 11. In view of the undisputed posiƟon noted above, it is cleared that delay, if any, has occurred on part of the peƟƟoner. As such, peƟƟoner cannot be awarded with interest. ConsequenƟally, the present Civil Writ PeƟƟon stands dismissed. 12. Pending applicaƟon(s), if any, also stands disposed of. ( NIDHI GUPTA ) 09.07.2026 JUDGE Neelam Whether speaking /reasoned Yes / No Whether Reportable Yes / No NEELAM KUMARI 2026.07.10 18:25 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh