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83-year-old widow granted family pension after 33 years; court orders arrears with interest, lays down precedent for pensioners

Written By: AJAY  SHARMA | THE NEWS DOSE.COM 

Chandigarh: In a landmark ruling with far-reaching implications for pensioners, the Punjab and Haryana High Court has held that claims for pension and family pension cannot be rejected merely on the ground of delay and laches, as non-payment gives rise to a fresh cause of action every month.

Allowing the petition of Badka Devi, an 83-year-old widow who was denied family pension for over three decades, Justice Harpreet Singh Brar directed the State to commence regular disbursement of family pension within four weeks and release arrears for the preceding three years, along with six per cent annual interest till actual payment.

Pension is a “continuing wrong”

Terming non-payment or incorrect computation of pension a continuing wrong, the court ruled that such claims fall outside the conventional bar of limitation so long as the recurring default is established.

“In matters of pension, the cause of action is not extinguished by a single denial but continues from month to month with each non-payment,” the court observed, rejecting the State’s plea that the claim was hopelessly delayed.

Justice Brar underlined that a pension is not a static or one-time entitlement. “It is a dynamic, recurring benefit. Each monthly default is a renewed breach, perpetuating the injury and reviving the right to seek redress,” the judgment said, adding that pension claims therefore cannot be defeated solely on the plea of delay and laches.

33 years without a family pension

The Bench was hearing a writ petition filed by Badka Devi, widow of Ram Dass, who was employed as a mali with the Ludhiana Improvement Trust. Ram Dass died in harness on July 20, 1991.

Appearing for the petitioner, advocates Gitanjali Chhabra and Muskan contended that the widow, an illiterate senior citizen, remained unaware of the procedural formalities for claiming family pension. Despite repeated representations and submission of required documents, she was denied pensionary benefits for more than 30 years.

The core issue before the court was whether such an inordinate delay barred her claim. Answering decisively in her favour, the court held that every month of non-payment constituted a fresh cause of action, rendering the State’s defence of delay “unsustainable”.

Directions to the State

Allowing the writ petition, the High Court directed the State of Punjab to:

• Pay arrears of the family pension for three years before the filing of the writ petition,

• Add six per cent per annum interest till realisation, and

• Sanction and commence regular monthly family pension and other admissible pensionary benefits within four weeks.

The court also reaffirmed that a pension is not a bounty but a valuable right flowing from constitutional guarantees under Articles 14 and 21, particularly for vulnerable senior citizens.

Wider impact

The ruling strengthens legal protection for pensioners and family pension claimants, especially widows and elderly persons who may have remained unaware of procedural requirements for years. By recognising pension non-payment as a continuing wrong, the High Court has made it clear that administrative inaction cannot be shielded behind technical pleas of delay when a recurring legal injury persists. The judgment is expected to serve as a significant precedent for similar long-pending pension claims across Punjab and Haryana.