IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.17312 of 2008 Decided on : 13.02.2009 Munshi Ram ....Petitioner VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR. JUSTICE AJAY TEWARI Present:- Mr. Surinder Sheoran, Advocate for the petitioner. Mr. Harish Rathee, Sr. DAG, Haryana. AJAY TEWARI J. This petition has been filed for grant of disability pension and for the payment of ex-gratia benefits on the basis that the petitioner was retired on medical ground since he had been declared 100% disabled and unfit to do the job of driver. The primary objection was that the petitioner retired in the year 1996 and this petition has been filed after 12 years. In a catena of judgments, it has been laid down that recurring rights such as pension can not be totally denied on the ground of delay though the relief can be restricted to a period of 38 months prior to the date when the first notice was given. Learned counsel for the petitioner further states that as per Rule 5.11 of the Punjab Civil Service Rules, Vol.I, Part II as applicable to Haryana, the petitioner would be entitled to invalid pension. This has been so held in a judgment passed by a learned Single Judge in the case of Bhagwan Singh v. State of Haryana and others, 1994 decided on CWP NO.17312 of 2008 -2- 14.3.2007 by placing reliance on an earlier Division Bench decision reported in case of Rashpal Kaur v. State of Punjab and others, 1997(3) RSJ, P&H 181. As regards the claim for ex-gratia is concerned, I find the same same to be barred. In regard to invalid pension, this petition is disposed of with the direction to the respondents to decide the question of invalid pension which has to be granted to the petitioner in terms of Rule 5.11 (supra) as expounded in the case of Bhagwan Singh (supra) within a period of 3 months from today. However, the benefits will be restricted to a period of 38 months prior to 20th August, 2008 (date of notice by the petitioner). The respondents are directed to complete the process within a period of three months from the date of receipt of a certified copy of this order. It is, however, made clear that, in case, the needful is not done within 3 months then the petitioner will be entitled 8% interest on the amount of arrears from the date of accrual to the date of actual disbursement. Accordingly, the petition stands disposed of. February 13, 2009 ( AJAY TEWARI ) ashish JUDGE