The Dakshin Haryana Bijli Vitran (DHBVN) has ended up paying a heavy price for denying retiral or pensionary benefits to Chander Prakash, who had been fighting a legal battle, for over two decades, for what was his Constitutional right.
Prakash had filed a petition alleging that DHBVN had denied him pensionary benefits amounting to Rs 2.13 lakh at the time of his superannuation in 1999. Prakash passed on without hearing the verdict, which was in his favour. He had approached the Court six times for justice and to seek what was rightfully his to begin with. The Punjab & Haryana High Court has imposed a cost of Rs 8 lakh on DHBVN for its contemptuous behaviour as compensation, out which Rs.4 lakh is to be paid to the four legal representatives of the petitioner.
According to the Court, pensionary benefits are a Constitutional right, as they are part of the Right to Property and Article 300-A of the Constitution of India. Therefore, no one can be deprived of the same unless by authority of law.
The Court added that the cost of Rs.8 Lakh will be payable by way of compensation.
Pension and pensionary benefits are a Constitutional right since it is Right to Property and Article 300-A of the Constitution of India provides that no person shall be deprived of his Right to Property except by the authority of law, added the judge.
According to the allegations leveled by DHBVN, a shortage of material and missing parts of the transformer and oil at the time was discovered while Prakash was in service. Therefore, DHBVN had decided to recover the cost of these missing materials from the retirement benefits and gratuity of Prakash. Following the filing of a petition, the Division bench of the HC had, in 2008, ordered that Prakash’s benefits be released. However, DHBVN had not complied, and instead, a show cause notice was issued after nine years of Prakash’s retirement, which made no sense.
Finally, now, after 21 years and after the petitioner’s death, the Court has directed that the petitioner’s amount be refunded along with an interest of six per cent per annum within three months.
