CWP-11598 IN TH 205 Rajinder Sing State of Punja CORAM: Present : HARPREET 1. Constitution mandamus benefits, arre been paid inc (Annexure P that duplicate entries be co Further pray according to Municipal En 1 598-2013 N THE HIGH COURT OF PUNJA AT CHANDIGA CWP Date o er Singh VERSUS f Punjab and others HON'BLE MR. JUSTICE HA Mr. P.K. Madan, Mr. Rajat S Minhas, Advocate for the petitio Mr. Vikas Arora, DAG, Punjab REET SINGH BRAR, J. (Oral) The present petition has been fil tution of India praying for issuance us for directing the respondents to s, arrears of unpaid amount of salary aid including unpaid interest as direct ure P-4) passed in CWP-9729-2009 plicate service book issued by the res be corrected as required at particular r praying that petitioner be promo ing to his seniority as his juniors ha ipal Engineer (AME) on 20.09.1994 a NJAB AND HARYANA DIGARH CWP-11598-2013 Date of Decision: February 25, 2026 ....Petitioner SUS ...Responden HARPREET SINGH BRAR ajat Singh, Advocates for Mr. H.S petitioner. unjab-State. een filed under Article 226/227 of the suance of a writ in the nature of ents to release the arrears of retiral salary and other dues which have not directed vide order dated 22.03.2011 2009 by this Court. Further praying respondents which has ambiguous icular pages of the said service book. promoted with retrospective effect iors had been promoted as Assistant 994 and further promoted to the rank 2026 itioner ondents S. of the re of retiral ve not .2011 raying guous book. effect sistant e rank PUNEET CHAWLA 2026.02.28 13:01 I attest to the accuracy and integrity of this document CWP-11598 of Municipal that after the retrospective scale and all order dated quashed and order dated 2 modified acc 2. surviving issu the amount o respondents. adjusted; how during which counsel furth moved in thi regard to the on 31.03.202 3. with respect t that the petiti dues by filin 22.03.2011. I did not dispu 2 598-2013 icipal Engineer (ME) on ad hoc basis ter the promotion of petitioner to th ective effect as per his seniority, the nd allowances of petitioner may be dated 27.02.2013 (Annexure P-36) p d and interest @ 18% upon Rs.2.8 la ated 21.01.2013 (P-34) passed by ed accordingly. Learned counsel for the peti ng issue in the present writ petition pe ount of Rs.2,80,000/-, which was alleg dents. It is contended that the prin d; however, the petitioner remains en which the said amount was retained further draws attention to paragrap in this case wherein a detailed calcu to the arrears of salary and provident f 3.2022. Per contra, learned State Counse spect to the maintainability of the pres petitioner had earlier approached this y filing CWP-9729-2009, which wa 011. In the said order, it was specific t dispute the payment of retiral benef basis on 10.08.2006. Further praying to the rank of AME and ME with the correct pay according to pay ay be fixed and further to quash the 36) passed by respondent No.4 be .2.8 lacs to be given to petitioner and respondent No.2 be quashed or e petitioner submits that the sole tion pertains to the grant of interest on s allegedly withheld/recovered by the e principal amount has since been ins entitled to interest for the period etained by the respondents. Learned ragraph 6 of CM-12709-CWP-2025, calculation has been furnished with ident fund allegedly remaining due as Counsel raises a preliminary objection e present writ petition. It is submitted ed this Court seeking release of retiral h was disposed of vide order dated ecifically recorded that the petitioner benefits, except gratuity, which had raying with o pay sh the .4 be er and ed or sole est on by the been period arned 2025, with due as ection mitted retiral dated tioner h had PUNEET CHAWLA 2026.02.28 13:01 I attest to the accuracy and integrity of this document CWP-11598 been withhel availability o petitioner the of on 09.05.2 leave encashm of the aforesa writ petition as the manda inasmuch as in the earlier dismissed as 4. record with th 12709-CWP of pending ar 3 598-2013 ithheld on account of pending disc ility of the original service book. er thereafter instituted COCP-2271- 9.05.2012 upon the respondents havin ncashment, and arrears of pay along w aforesaid proceedings, learned State Co tition is barred by the principles of co mandate of Order II Rule II of the ch as the petitioner could and ought to arlier round of litigation. Accordingly sed as not maintainable. I have heard learned counsel f with their able assistance. The petition CWP-2025 in the present case, in wh ing arrears of salary at para 6 which m 6. That arrears of salary/P different Nagar Councils and 31.03.2022 along with 7% intere a) NC Patti b) NC Samrala c) NC Batala (now MC) d) NC Garhshankar e) MC Phagwara f) NC Budhlada g disciplinary proceedings and non It is further submitted that the -2011, which came to be disposed s having released the revised gratuity, long with admissible interest. In view tate Counsel contends that the present s of constructive res judicata as well f the Code of Civil Procedure, 1908 ught to have claimed the present relief dingly, it is prayed that the petition be nsel for the parties and perused the etitioner has filed the above said CM in which he has given the particulars hich may reads as under:- ary/Provident Fund are due from and Municipal Corporation as on nterest as enumerated below:- Rs.2,87,600/- Rs.46,180/- Rs.48,420/- Rs.5500/- Rs.17500/- Rs.24,104/- non- at the posed atuity, view resent s well 1908, relief ion be ed the CM- culars from on PUNEET CHAWLA 2026.02.28 13:01 I attest to the accuracy and integrity of this document CWP-11598 4.1 this Court by dated 22.03.2 4 598-2013 g) Provident Fund Total=Rs.8,40,822/- (as c There is no denial to the fact tha ourt by filing CWP-9729-2009, whic 2.03.2011 (Annexure P-4) which may “1. The petitioner retired as from the Municipal Corporatio The misplacement of his servi non-release of some of the reti approach this Court. 2. On 20.12.2010, it was in have been released except the g by the State Government due to petitioner. 3. Learned counsel for the p the retiral benefits other than th 4. Be that as it may, pursu this Court, the State Governmen taken on record. It is averred th original service book, the dup prepared and all the entries informed that the departmenta the petitioner are at the final st passed. Rs.3,21,518/- with 7% interest (as calculated till the year 2022) act that the petitioner has approached , which was disposed of vide order h may reads as under:- d as Assistant Municipal Engineer ration, Ludhiana w.e.f. 31.08.2007. service book and the consequently retiral dues has promoted him to s informed that the retiral benefits he gratuity which has been withheld e to pendency of enquiry against the the petitioner does not dispute that n the gratuity have since been paid. suant to the directions issued by ment has filed an affidavit which is d that due to non-availability of the duplicate service book has been ies have been updated. It is also ental proceedings pending against al stage and only an order is to be 7% ed order neer 007. ntly to efits held t the that aid. d by h is f the been also inst o be PUNEET CHAWLA 2026.02.28 13:01 I attest to the accuracy and integrity of this document CWP-11598 4.2 disposed of o an affidavit a service/termi of pay, etc., h this Court. H the competen petitioner al 17.02.2012. 5 598-2013 5. In these circumsta later development, the writ pe following directions:- i. The respondents shall ens reflected in the duplicate service ii. The disciplinary procee period of one month from the da of this order. iii. Subject to final outcome the withheld amount of gratu petitioner within a period of on other retiral benefit including value of pension is yet to be released with two months therea iv. In case the petitioner ea enquiry, he shall be entitled to Thereafter, the petitioner filed ed of on 09.05.2012. In the said proce davit and, in paragraph 4 thereof, expl /terminal benefits, namely revised gra etc., had been paid to the petitioner al urt. However, liberty was granted to th mpetent authority in case any other er also stood exonerated from the 012. mstances and keeping in view the it petition is disposed of with the l ensure that all the entries are duly rvice book. roceedings are concluded within e date of receipt of a certified copy me of the disciplinary proceedings, gratuity shall be released to the f one month thereafter. In case any ding the arrears of the commuted o be released, the same shall be ereafter. r earns exoneration in the pending ed to interest @ 7% per annum.” filed COCP-2271-2011, which was proceedings, respondent No. 2 filed f, explained in tabulated form that all ed gratuity, leave encashment, arrears ner along with interest as awarded by ed to the petitioner to represent before other claim remained pending. The m the disciplinary proceedings on the the duly ithin copy ngs, the any uted l be ding m.” h was filed hat all rrears ed by before . The gs on PUNEET CHAWLA 2026.02.28 13:01 I attest to the accuracy and integrity of this document CWP-11598 4.3 Rs. 2,80,000/ the inquiry. T Consequently of Rs. 2,80,0 judgment pa Superintendi wherein it h pensionary o from the da compensate t 5. employee, wh legitimate du 6. adjudication allowed. The release intere petitioner @ 17.02.2012 ti sum of Rs.9 03.04.2025, s 6 598-2013 Thus, the surviving dispute 0,000/-, which was deposited by the pe uiry. The petitioner was exonerated in uently, the petitioner is entitled to in 2,80,000/- w.e.f. 17.02.2012 till its ac nt passed by the Full Bench of th tending Engineer (Retd.) vs. State n it has been unequivocally held th nary or retiral benefits beyond a rea the date they become due would nsate the retiree for such delay. The rationale underlying the ee, who has rendered long years of se ate dues without lawful justification. In view of the above, withou ation on ancillary or collateral issue d. The respondents/competent authori interest on the recovered amount o er @ 6% per annum. The intere 012 till the date of its actual realizati f Rs.92,952/-, towards interest alrea 025, shall be duly adjusted in the final spute pertains to the payment of the petitioner during the pendency of ted in the said inquiry on 17.02.2012. to interest on the recovered amount l its actual realization in terms of the of this Court in A.S. Randhawa, tate of Punjab, 1998 (1) SCT 343 eld that any delay in the release of a reasonable period of two months ould entail payment of interest to g the grant of interest is that an s of service, cannot be deprived of his ion. ithout embarking upon any further l issues, the present writ petition is uthority are directed to compute and t of Rs.2,80,000/- payable to the interest shall be calculated w.e.f. ealization. It is further clarified that a t already paid to the petitioner on e final computation. nt of ncy of .2012. mount of the awa, 343, ase of onths est to at an of his urther ion is te and to the w.e.f. that a er on PUNEET CHAWLA 2026.02.28 13:01 I attest to the accuracy and integrity of this document CWP-11598 7. consequentia of three mont 8. disposed of. February 2 P.C 7 598-2013 Let the aforesaid exercise be un uential monetary benefits be released e months from the date of receipt of a c Pending miscellaneous applicat ed of. 25, 2026 Whether speaking/reasone Whether Reportable. : be undertaken expeditiously and the eased to the petitioner within a period t of a certified copy of this order. pplication(s), if any, shall also stand (HARPREET SINGH BRAR) JUDGE easoned. : Yes/No Yes/No nd the period stand RAR) PUNEET CHAWLA 2026.02.28 13:01 I attest to the accuracy and integrity of this document