IN THE HIGH COURT OF PUNJAB AND HARYANA 215 Kamlesh Devi and others State of Haryana and others CORAM: Present:- NIDHI GUPTA J. (Oral) appropriate writ, order or direction, particularly a writ in the nature of Mandamus, directing the respondents to release the service and pensionary benefits, including salary, GPF, gratuity, leave and all other consequential benefits, along with interest at the rate of 18% per annum, arising out of the service of Late Shri Babu Ram Garg, Patwari, who remained missing as a Government employee since 27.10.2012 and was subsequently declared judgment and decree dated 05.11.2022 (Annexure P which the death certificate was issued by respondent No.5 on 20.02.2023, recording the date of death as 29.09.2020 (Annexure P particularly when the petitioners th request/representation dated 20.02.2023 (Annexure P CWP-5395-2024 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.5395 of 2024 (O & M) Date of decision : Kamlesh Devi and others Versus Haryana and others CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Arav Gupta, Advocate with Ms. Ashmeet Kaur Shah, Advocate for the petitioners. Mr. Aakash Singla, Addl. A.G., Haryana. NIDHI GUPTA J. (Oral) Prayer in the present writ petition is for issuance of an appropriate writ, order or direction, particularly a writ in the nature of Mandamus, directing the respondents to release the service and pensionary benefits, including salary, GPF, gratuity, leave and all other consequential benefits, along with interest at the rate of 18% per annum, arising out of the service of Late Shri Babu Ram Garg, Patwari, who remained missing as a Government employee since 27.10.2012 and was subsequently declared judgment and decree dated 05.11.2022 (Annexure P which the death certificate was issued by respondent No.5 on 20.02.2023, recording the date of death as 29.09.2020 (Annexure P particularly when the petitioners th request/representation dated 20.02.2023 (Annexure P 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 5395 of 2024 (O & M) Date of decision :-02.09.2026 …..Petitioners …..Respondents HON'BLE MS. JUSTICE NIDHI GUPTA Arav Gupta, Advocate with Ms. Ashmeet Kaur Shah, Advocate Mr. Aakash Singla, Addl. A.G., Haryana. Prayer in the present writ petition is for issuance of an appropriate writ, order or direction, particularly a writ in the nature of Mandamus, directing the respondents to release the service and pensionary benefits, including salary, GPF, gratuity, leave encashment and all other consequential benefits, along with interest at the rate of 18% per annum, arising out of the service of Late Shri Babu Ram Garg, Patwari, who remained missing as a Government employee since 27.10.2012 and was subsequently declared dead vide Civil Court judgment and decree dated 05.11.2022 (Annexure P-26), pursuant to which the death certificate was issued by respondent No.5 on 20.02.2023, recording the date of death as 29.09.2020 (Annexure P-27), particularly when the petitioners thereafter submitted a request/representation dated 20.02.2023 (Annexure P-28), along with the VIJAY ASIJA 2026.09.03 19.10 I attest to the accuracy and integrity of this document relevant death documents and the aforesaid Civil Court judgment and decree, seeking release of the service and pensionary benefits, but no action has been taken th writ, order or direction, particularly a writ in the nature of Certiorari, for quashing and setting aside the order dated 04.12.2014 (Annexure P passed by respondent No.2, i.e. Deputy Commissioner, Ka the claim of the petitioners for release of the service and pensionary benefits arising out of the service of Late Shri Babu Ram Garg, Patwari, was rejected, the said order being illegal, arbitrary, discriminatory, actuated by mala fides and subsequent Civil Court judgment and decree dated 05.11.2022 (Annexure P or direction, particularly a writ in the nature of Certiorari, for quashing and setting aside the order dated 29.11.2017 (Annexure P respondent No.3, i.e. Collector, Karnal, to the extent whereby the pensionary benefits of the petitioner were withheld subject to the final outcome of the FIR and departmental proceedings, having subsequently abated and no longer surviving, particularly in view of the Civil Court judgment and decree dated 05.11.2022 (Annexure P 26) and the consequential death certificate issued by respondent No.5 on 20.02.2023, recordin and for directing the respondents to release all admissible service and pensionary benefits to the petitioners in accordance with law. submits that of the pensionary and other retiral benefits payable in relation to the CWP-5395-2024 (O & M) relevant death documents and the aforesaid Civil Court judgment and decree, seeking release of the service and pensionary benefits, but no action has been taken thereon till date; and for issuance of an appropriate writ, order or direction, particularly a writ in the nature of Certiorari, for quashing and setting aside the order dated 04.12.2014 (Annexure P passed by respondent No.2, i.e. Deputy Commissioner, Ka the claim of the petitioners for release of the service and pensionary benefits arising out of the service of Late Shri Babu Ram Garg, Patwari, was rejected, the said order being illegal, arbitrary, discriminatory, actuated by mala fides and contrary to law, particularly in view of the subsequent Civil Court judgment and decree dated 05.11.2022 (Annexure P-26); and further for issuance of an appropriate writ, order or direction, particularly a writ in the nature of Certiorari, for quashing setting aside the order dated 29.11.2017 (Annexure P respondent No.3, i.e. Collector, Karnal, to the extent whereby the pensionary benefits of the petitioner were withheld subject to the final outcome of the FIR and departmental proceedings, having subsequently abated and no longer surviving, particularly in view of the Civil Court judgment and decree dated 05.11.2022 (Annexure P 26) and the consequential death certificate issued by respondent No.5 on 20.02.2023, recording the date of death as 29.09.2020 (Annexure P and for directing the respondents to release all admissible service and pensionary benefits to the petitioners in accordance with law. At the very outset, learned counsel for the petitioners submits that all the claims subsisting against the respondents in respect of the pensionary and other retiral benefits payable in relation to the 2 relevant death documents and the aforesaid Civil Court judgment and decree, seeking release of the service and pensionary benefits, but no ereon till date; and for issuance of an appropriate writ, order or direction, particularly a writ in the nature of Certiorari, for quashing and setting aside the order dated 04.12.2014 (Annexure P-17) passed by respondent No.2, i.e. Deputy Commissioner, Karnal, whereby the claim of the petitioners for release of the service and pensionary benefits arising out of the service of Late Shri Babu Ram Garg, Patwari, was rejected, the said order being illegal, arbitrary, discriminatory, contrary to law, particularly in view of the subsequent Civil Court judgment and decree dated 05.11.2022 26); and further for issuance of an appropriate writ, order or direction, particularly a writ in the nature of Certiorari, for quashing setting aside the order dated 29.11.2017 (Annexure P-24) passed by respondent No.3, i.e. Collector, Karnal, to the extent whereby the pensionary benefits of the petitioner were withheld subject to the final outcome of the FIR and departmental proceedings, the said proceedings having subsequently abated and no longer surviving, particularly in view of the Civil Court judgment and decree dated 05.11.2022 (Annexure P- 26) and the consequential death certificate issued by respondent No.5 on g the date of death as 29.09.2020 (Annexure P-27), and for directing the respondents to release all admissible service and pensionary benefits to the petitioners in accordance with law. At the very outset, learned counsel for the petitioners all the claims subsisting against the respondents in respect of the pensionary and other retiral benefits payable in relation to the VIJAY ASIJA 2026.09.03 19.10 I attest to the accuracy and integrity of this document deceased husband of petitioner No.1 have already been settled and paid to the petitioners/legal representatives of the dec employee, including family pension, gratuity, leave encashment and provident fund. It is, accordingly, submitted that nothing further survives for consideration in the present writ petition and the same may be disposed of as having been re however, prays that in case any claim or relief is still found to be outstanding, liberty may be granted to the petitioners to pursue the same in accordance with law. disposal of the present writ petition as having been rendered infructuous, with liberty to the petitioners as aforesaid. petitioners, duly concurred with by learned counsel for the State, present writ petition is disposed of as having been rendered infructuous, with liberty to the petitioners to pursue any surviving claim or relief, if so advised, in accordance with law. September 0 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No CWP-5395-2024 (O & M) deceased husband of petitioner No.1 have already been settled and paid to the petitioners/legal representatives of the dec employee, including family pension, gratuity, leave encashment and provident fund. It is, accordingly, submitted that nothing further survives for consideration in the present writ petition and the same may be disposed of as having been rendered infructuous. Learned counsel, however, prays that in case any claim or relief is still found to be outstanding, liberty may be granted to the petitioners to pursue the same in accordance with law. Learned counsel for the State has no objection to t disposal of the present writ petition as having been rendered infructuous, with liberty to the petitioners as aforesaid. Heard. In view of the statement made by learned counsel for the petitioners, duly concurred with by learned counsel for the State, present writ petition is disposed of as having been rendered infructuous, with liberty to the petitioners to pursue any surviving claim or relief, if so advised, in accordance with law. Pending application(s), if any, shall stand disposed of. September 02, 2026 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No 3 deceased husband of petitioner No.1 have already been settled and paid to the petitioners/legal representatives of the deceased Government employee, including family pension, gratuity, leave encashment and provident fund. It is, accordingly, submitted that nothing further survives for consideration in the present writ petition and the same may be ndered infructuous. Learned counsel, however, prays that in case any claim or relief is still found to be outstanding, liberty may be granted to the petitioners to pursue the same Learned counsel for the State has no objection to the disposal of the present writ petition as having been rendered infructuous, In view of the statement made by learned counsel for the petitioners, duly concurred with by learned counsel for the State, the present writ petition is disposed of as having been rendered infructuous, with liberty to the petitioners to pursue any surviving claim or relief, if Pending application(s), if any, shall stand disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.09.03 19.10 I attest to the accuracy and integrity of this document