Taking a strong view of repeated delays in release of pension and other retirement benefits that the administration is required to process under rules framed decades ago, the Punjab and Haryana High Court has made it clear that retired government employees should not be forced to approach the Court for their legitimate dues.Justice Sudeepti Sharma has ruled that the “Head of Office” is responsible for such lapses and “should be penalised”. The assertion came as the Bench directed the Chief Secretaries of Punjab, Haryana and Chandigarh to fix responsibility on erring officials.“Head of Office is duty bound starting from preparing the list of employees due for retirement till the completion of paper. Therefore, it is only Head of Office, who is responsible for delayed payment of retirement benefits,” Justice Sharma ruled.The ruling came in case of a government employee, whose interest on delayed payment of gratuity, leave encashment and provident fund was “wrongly” rejected through an order passed in July 2019.The State’s stand in the matter was that “delay in payment was due to the delay in filing of the papers for grant of pensionary benefits by the petitioner himself”.Rejecting the stand, Justice Sharma ruled: “This Court is of the opinion that for such a lapse, ignorance, lack of knowledge regarding the Rules, which are in existence since long, Head of Office should be penalised for delayed payment of pensionary benefits to the employees. The employee should not suffer for the lack of knowledge, ignorance and lethargy of the employer/Head of Office….”The Court noted with concern that employees were still being compelled to file writ petitions not only for release of pensionary benefits, but also for interest on delayed payments, despite detailed statutory procedures and settled law requiring timely disbursal.In her detailed order, Justice Sharma referred to specific chapters ––‘Determination and Authorisation of the Amounts of Pension and Gratuity’ in Punjab Civil Services Rules; ‘Procedure relating to Pensions Applications for Grant of Pensions’ in Punjab Civil Services applicable to Haryana; and ‘Determination and Authorisation of the Amounts of Pension and Gratuity’ in Central Civil Services (Pension) Rules.Justice Sharma asserted the employees were still being forced to approach the Court for their retirement dues despite specific chapters dealing with determination and authorisation of pension and gratuity.“There are number of cases pending before this Court, which are only for release of pensionary benefits and interest for delayed payment of pensionary benefits, despite the Rules referred to and settled law for timely release of pensionary benefits and interest on delayed payment,” Justice Sharma asserted.The Court added the Rules, applicable to States of Punjab, Haryana and the Centre, were in existence from 1953 and 1972, and “provide for stages/procedure to be followed for timely disbursal of pensionary benefits”.Referring to the need for strict adherence to the Rules, Justice Sharma asserted the litigation for retirement benefits would come to an end if the Head of Office started following the prescribed procedure.Before parting with the order, Justice Sharma directed the Chief Secretaries of Punjab, Haryana and Chandigarh to issue circular/instructions to Head of Office and fix the responsibility upon the erring heads for not following the procedure in existence since long.“The Registrar-General of Punjab and Haryana High Court, Chandigarh is directed to supply a copy of this judgment to Chief Secretary of Punjab, Haryana and Chandigarh for necessary compliance,” Justice Sharma ruled, while allowing the plea.