CWP-8017- IN TH 204(2 cases) 1. Nirmal Singh State of Punja 2. Ranjit Singh State of Punja CORAM: Present : HARPREET 1. petitions as th brevity, the fa 1 -2017 & CWP-19182-2006 N THE HIGH COURT OF PUNJA AT CHANDIGA cases) Date of Singh and others VERSUS Punjab and others Singh and others VERSUS Punjab and others HON'BLE MR. JUSTICE HA Mr. Rishav Sharma, Advocate fo in CWP-19182-2006. Mr. Ishpuneet Singh, Advocate 8017-2007. Ms. Vikas Arora, DAG, Punjab REET SINGH BRAR, J. (Oral) This order of mine shall dispos ns as they arise from a similar factual m , the facts are taken from CWP-8017 NJAB AND HARYANA DIGARH ate of Decision: February 25, 2026 CWP-8017-2007 .....Petitioner SUS ..Responden CWP-19182-2006 .....Petitioner SUS ..Responden E HARPREET SINGH BRAR cate for the petitioners (through V.C.) vocate for the petitioners in CWP unjab-State. dispose of the above-mentioned writ ctual matrix. However, for the sake of 8017-2007. ioners ondents ioners ondents V.C.) CWP- d writ ake of PUNEET CHAWLA 2026.03.05 14:42 I attest to the accuracy and integrity of this document CWP-8017- 2. 226/227 of th order in the retrenchment 2002 as per t them with int 3. petitioners jo Corporation ( 1994. The ex the present w more than tw while workin in complianc wind up the vide letter d employees w entitled to gr three month retrenchment the petitioner Scheme/VRS 2 -2017 & CWP-19182-2006 The present writ petition(s) of the Constitution of India for issu n the nature of mandamus directing hment dues of the petitioners under s per their options and difference of th ith interest. Learned counsel for the petition ners joined the services of the erstwhi ation (hereinafter referred to as “PPDC The exact dates of their appointments sent writ petition. The petitioners re han two to three decades, and some o orking under PPDC. In the year 2001 pliance with the directions of the Gov p the Corporation and retrenched its tter dated 18.02.2002 (Annexure P ees were informed that, in terms of to gratuity under the Payment of Gr months’ notice, leave encashmen hment compensation. Pursuant to the a itioners exercised their options by op e/VRS. They further conveyed that if a have been filed under Article or issuance of an appropriate writ or ecting the respondents to release the under Voluntary Retirement Scheme, e of the dues be ordered to be paid to etitioners, inter alia, contends that the twhile Punjab Poultry Development “PPDC”) between the years 1976 and ments are mentioned in para No. 2 of ers rendered unblemished service of ome of them even earned promotions r 2001-02, the management of PPDC, he Government of Punjab, decided to ed its employees by inviting options ure P-1). The petitioners and other ms of the said letter, they would be of Gratuity Act, 1972, pay in lieu o shment, six months’ salary, and to the aforesaid letter (Annexure P-1), by opting for the Golden Handshake if a Voluntary Retirement Scheme rticle rit or se the heme, aid to at the pment 6 and . 2 of of otions PDC, ded to ptions other ld be ieu of and 1), shake heme PUNEET CHAWLA 2026.03.05 14:42 I attest to the accuracy and integrity of this document CWP-8017- (in short, “VR before the re exercised un Department n was introduc Cooperative notification c form, would Handshake S discontinued granted paym VRS, as is d such, it is co the VRS, and unsustainable 4. had exercised 2002, much 24.02.2003. I period of six that the petiti the VRS d 3 -2017 & CWP-19182-2006 rt, “VRS”) was introduced by the Gov the receipt of final payment, their op ed under the VRS. Learned counsel ment notification dated 24.02.2003 (A troduced for employees of Public S rative Institutions in the State of Punj ation clearly stipulated that the State would cease to exist. Thus, for all int hake Scheme introduced under the tinued with effect from 24.02.2003. ayments under the Golden Handsh as is discernible from letter dated 0 t is contended that the petitioners wer S, and the grant of benefits under the ainable in the eyes of law. Per contra, learned State Coun ercised their options under the Golden much prior to the introduction of th 003. It is contended that the VRS re of six months from the date of its iss petitioners never submitted any appli S during the currency of the said he Government of Punjab at any time eir options be treated as having been ounsel further refers to the Finance 003 (Annexure P-6), whereby a VRS blic Sector Undertakings and Apex f Punjab. It is submitted that the said State Renewal Fund, in its existing all intents and purposes, the Golden er the State Renewal Fund stood 2003. However, the petitioners were andshake Scheme and not under the ated 04.10.2004 (Annexure P-5). As rs were entitled to the benefits under der the Golden Handshake Scheme is Counsel submits that the petitioners olden Handshake Scheme in October, of the VRS vide notification dated RS remained in operation only for a its issuance. It is further submitted y application seeking retirement under e said scheme. Consequently, upon y time been nance VRS Apex e said isting olden stood were er the ). As under me is ioners tober, dated for a mitted under upon PUNEET CHAWLA 2026.03.05 14:42 I attest to the accuracy and integrity of this document CWP-8017- acceptance o services of 01.10.2004 u lapsed. He fu and accepted claim entitlem 5. perusal of th petitioners ha the erstwhile a conscious Consequent t the employee Punjab State communicati the Golden H However, it option, the p introduced pr the VRS. Th respondents. that the Boa 4 -2017 & CWP-19182-2006 ance of their options under the Go s of the petitioners were formall 004 under the said scheme. By tha He further contends that the petitione cepted the benefits under the Golden H ntitlement under the subsequently intr Having heard learned counsel fo l of the record with their able assist ners had rendered between 20 to 34 ye twhile PPDC. The Government of Pun cious decision on 23.11.2001 to w uent thereto, vide letter dated 18.02.2 ployees to opt for the Golden Hands State Renewal Fund Rules, 1993 nication dated 18.02.2002, the petitio lden Handshake Scheme by furnish er, it is an admitted position on rec , the petitioners categorically conveye ced prior to their actual relieving, thei S. The said assertion has not been s dents. It further transpires from Agen e Board of Directors of PPDC reso he Golden Handshake Scheme, the ormally relieved with effect from By that time, the VRS had already titioners, having voluntarily opted for lden Handshake Scheme, cannot now tly introduced VRS. nsel for the parties at length and upon assistance, this Court finds that the 34 years of unblemished service with of Punjab, as a matter of policy, took to wind up the affairs of PPDC. 8.02.2002, options were invited from Handshake Scheme governed by the , 1993. In pursuance of the said petitioners exercised their options for urnishing the requisite undertakings. on record that while exercising such nveyed that in the event a VRS was g, their option be treated as one under been specifically controverted by the Agenda No. 162.7 (Annexure P-7) resolved to introduce VRS for its e, the from eady ed for t now upon at the e with , took PDC. from y the said ns for kings. such S was under y the 7) for its PUNEET CHAWLA 2026.03.05 14:42 I attest to the accuracy and integrity of this document CWP-8017- employees a Department dated 23.03.2 the Secretary applicable to as under:- 5 -2017 & CWP-19182-2006 ees and, in that regard, sought ment and the Directorate of Disinve 3.03.2004 (Annexure P-9), the Manag retary to the Government of Punjab, re ble to the employees of PPDC. The r Sub: Regarding impl Retirement Scheme on the emplo Sir, Reference this corporati dated 15.9.03 and letter dated 8 As per the decision of t Corporation, the advice of the Punjab and Director, Disinves implementation of Voluntary employees of this Corporatio Finance Department, Govt. Disinvestment, Punjab Chan Corporation that the subject c Administrative Department. The employees of the Cor the benefit of Golden Hand implementation of the Voluntar Renewal Fund has been repeale that the Voluntary Retirement ought guidance from the Finance isinvestment. Thereafter, vide letter Managing Director, PPDC, addressed njab, requesting that the VRS be made The relevant extract thereof be reads implementation of Voluntary mployees of PPC. ration letter No.PPC-03/EA-1/860 ed 8.12.03 on the aforesaid subject. of the Board of Directors of this the Finance Department, Govt. of investment, Punjab with regard to tary Retirement Scheme on the ration had been sought. But the ovt. of Punjab and Director, handigarh has instructed this ct cited case may be sent through Corporation had earlier been given and Shake Scheme. But due to ntary Retirement Scheme, the State ealed. Therefore, you are requested ent Scheme is applicable to the inance letter ressed made reads tary /860 ect. this t. of d to the the ctor, this ugh iven to tate sted the PUNEET CHAWLA 2026.03.05 14:42 I attest to the accuracy and integrity of this document CWP-8017- the Admini implementati notification Retirement S clearly stipul cease to exist was introduc once the VRS Golden Hand necessarily r PPDC did n ultimately rel right to be co 6. remained ope Managing Di the petitioner the VRS on record reflec 6 -2017 & CWP-19182-2006 employees of this Corporation. may kindly be issued.” Subsequently, vide letter dated dministrative Department of the entation of the Voluntary Retirement ation dated 24.02.2003 (Annexure ent Scheme, 2002 was introduced, pa stipulates that the State Renewal Fu o exist. It is an admitted position that troduced and operated under the aegi e VRS, 2002 was introduced and imp Handshake Scheme to an end, the arily required to be considered under did not process the cases of the p tely relieved them in October, 2004 ca be considered under the applicable sc The contention raised by learn ed operative only for six months and ing Director of PPDC only on 23.03. itioners were relieved in October, 200 S on 24.02.2003 (Annexure P-6), d reflects that the applicability and im ion. Necessary orders in this regard dated 28.06.2004 (Annexure P-10), f the PPDC acknowledged the ement Scheme, 2002. A perusal of the xure P-6), whereby the Voluntary ced, particularly Clause 12(ii) thereof, wal Fund, in its existing form, shall n that the Golden Handshake Scheme e aegis of the said Fund. Therefore, nd implemented, thereby bringing the d, the cases of the petitioners were under the VRS. The mere fact tha the petitioners under the VRS and 004 cannot operate to extinguish their able scheme. learned State counsel that the VRS s and that it was implemented by the 23.03.2004 (Annexure P-9), whereas er, 2004, i.e. after the introduction of 6), does not merit acceptance. The and implementation of the VRS qua gard 10), the of the untary ereof, , shall cheme efore, ng the were t that S and their VRS by the hereas ion of . The S qua PUNEET CHAWLA 2026.03.05 14:42 I attest to the accuracy and integrity of this document CWP-8017- PPDC were petitioners co 7. that the petiti required to b the said sch conclusion is conveyed by which has rem 8. writ petitions to re-comput Voluntary R amount paya released to t calculated fro its actual pay four months f 9. disposed of. 7 -2017 & CWP-19182-2006 were under active consideration duri ners continued in service till October, 2 In these circumstances, this Cou e petitioners, who were relieved from d to be considered under the Voluntar id scheme was fully applicable to t sion is further fortified by the expl ed by the petitioners while exercisin has remained uncontroverted on record Consequently, for the reasons r titions are allowed. Respondent No.1/ ompute the retiral benefits of the pet ary Retirement Scheme, 2002 and t payable to each of the petitioners. d to the petitioners along with inte ted from the date of filing of the prese al payment. The entire exercise shall b onths from the date of receipt of a cert Pending miscellaneous applicat ed of. n during the relevant period, and the ober, 2004. is Court has no hesitation in holding from service in October, 2004, were oluntary Retirement Scheme, 2002, as e to the employees of PPDC. This e explicit and unequivocal intention ercising their option on 08.10.2002, record. sons recorded hereinabove, both the t No.1/competent authority is directed he petitioners strictly in terms of the and to determine the differential The differential amount shall be h interest @ 6% per annum, to be e present writ petitions till the date of shall be completed within a period of a certified copy of this order pplication(s), if any, shall also stand nd the olding , were 02, as . This ention .2002, th the rected of the rential all be to be ate of iod of stand PUNEET CHAWLA 2026.03.05 14:42 I attest to the accuracy and integrity of this document CWP-8017- 10. February 25 P.C 8 -2017 & CWP-19182-2006 Photocopy of this order be place ary 25, 2026 Whether speaking/reasone Whether Reportable. : placed on the file of connected case. (HARPREET SINGH BRAR) JUDGE easoned. : Yes/No Yes/No case. RAR) PUNEET CHAWLA 2026.03.05 14:42 I attest to the accuracy and integrity of this document