(MOREPIC1) Subhash Jindal/Chandigarh
The Punjab and Haryana High Court has ruled infavour of Badka Devi, 83-year-old illiterate widow, granting her family pension rights despite 33-year delay following her husband Sh. Ram Dass's death in 1991.
Justice Harpreet Singh Brar applied the Supreme Court's “continuing wrong” doctrine from cases like M.R. Gupta vs. Union of India (1995) and Union of India vs. Tarsem Singh (2008), holding that non-payment of pension creates a fresh cause of action monthly, overriding delay and laches defenses.
Key Ruling Detail.
The court allowed CWP-32455-2025 filed argued by advocate Gitanjali Chhabra and Ms Muskan, on January 14, 2026, directing the State of Punjab to pay arrears for three years prior to filing with 6% interest and commence monthly family pension plus benefits like LTC and medical allowance within four weeks.
Pension qualifies as a fundamental right under Articles 14 and 21, not bounty, reaffirmed in State of Uttar Pradesh v. Dinesh Kumar Sharma (2025). Respondents' arguments on laches and contributory fund deposit were rejected as unsustainable.
Legal Precedents Cited Balakrishna S.P. Waghmare (AIR 1959 SC): Defines continuing wrong as ongoing injury.
Shiv Dass v. Union of India (2007): Pension cause accrues monthly. Rushibhai Jagdishchandra Pathak (2022): Arrears payable if claim valid, subject to limitation.
This precedent strengthens protections for delayed pension claims among vulnerable senior citizens.
