PADMA WADHAWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) SMT . Padma Wadhawan, in this petition has prayed for the issuance of a writ quashing the order dated September 14, 1999, An -nexure P -1, which is illegal, void and unjust. She has also prayed for issuance of a writ of mandamus directing the respondents to release the commutation of pension in the revised pay scale as her husband had died on 7.7.1996 and the grades have been revised w.e.f, 1.1.1996.

(2.) SHRI K.L. Wadhawan, husband of the petitioner, had been working as Treasury Officer in Yamuna Na -gar. He had retired on superannuation on 30.4.1996. He died on 7.7.1996. All the pension papers complete in all respects were submitted to the respondents. The Government of Haryana had revised the pay scales of its employees vide notification No. GSR3/Const./ Art.309/98 dated 7.1.1998, which came into force with effect from the deemed date of 1.1.1996. The pay of Shri K.L. Wadhawan was also re -fixed in the revised pay scale and arrears were paid.

(3.) IN CWP No. 496 of 2000 :, 1999(2) SCT 880 (P&H (DB), Bhim Singh v. State of Haryana and others, decided on February 7, 2000, this Court, after noticing the instructions issued by the Governments of Punjab and Haryana and various judicial precedents held that the delay in the payment of retiral dues amounts to depriving the retired employee of his right of property without following the procedure pre scribed by law.