Haryana High Court Takes Stern Action Over Delayed Ex Gratia Payments
The Punjab and Haryana High Court has issued a landmark order, mandating the withholding of the salary of the Finance Secretary, Department of Education, Haryana, for a period of three months. This decisive move comes in response to significant administrative delays in the disbursement of compassionate financial assistance, also known as ex gratia payments, to a claimant.
Court Rejects State's Financial Constraints Argument
In a strongly worded ruling, Justice Sandeep Moudgil dismissed the state government's defence that financial and budgetary constraints were responsible for the payment delays. The court emphasized that such constraints cannot be allowed to undermine the lawful entitlements of citizens. It held that the very purpose of ex gratia and compassionate assistance is to provide immediate financial support to bereaved families following the untimely demise of an employee. Delayed disbursement, therefore, defeats this fundamental objective.
The Bench observed, "The delayed disbursement of ex-gratia compassionate assistance defeats the very purpose for which such relief is granted, namely to provide immediate financial support to the bereaved family following the untimely demise of the employee."
Directives for Timely Payment and Compensation
Beyond the salary withholding, the court has directed the state authorities to release the claimant's dues along with interest within two weeks. It reiterated that granting interest is essential to compensate for the delay and to ensure that the authority does not benefit from its own inaction. This measure aims to uphold institutional accountability and prevent similar delays in the future.
The ruling stated, "Being conscious of the fact that the burden occasioned by administrative delay does not ultimately fall upon the public exchequer, this Court considers it necessary to ensure institutional accountability."
This case highlights the judiciary's proactive role in safeguarding citizen rights against bureaucratic inefficiencies, setting a precedent for timely administrative responses in matters of financial relief.
