CWP-246-20 IN TH 214 Ram Gopal Haryana Seed CORAM: Present : HARPREET 1. Constitution for quashing which the rep rejected by re has been den mandamus Rs.74,996/- for the period from 01.05.2 delayed. 1 2020 N THE HIGH COURT OF PUNJA AT CHANDIGA CWP Date o VERSUS a Seeds Development Corporation Lim HON'BLE MR. JUSTICE HA Mr. Jai Bhagwan Sharma, Advoc Ms. Pushpanjali Bisht, Advocate for the respondent. REET SINGH BRAR, J. (Oral) The present petition has been fil tution of India praying for issuance of ashing the impugned order dated 13 the representation dated 24.07.2018 (A d by respondent and claim of interest en denied. Further praying for issua directing the respondent to - @10% on delayed payment of G period 01.05.2016 to 22.05.2017 and 01.05.2016 to 23.02.2018 which w NJAB AND HARYANA DIGARH CWP-246-2020 (O&M) Date of Decision: February 17, 2026 ....Petitioner SUS ion Limited ...Responde HARPREET SINGH BRAR Advocate for the petitioner. vocate for Mr. Daman Dhir, Advocate een filed under Article 226/227 of the ce of a writ in the nature of certiorari ted 13.12.2019 (Annexure P-1) vide 018 (Annexure P-8) has been wrongly terest on delayed payment of gratuity issuance of a writ in the nature of t to pay the interest amount to t of Gratuity amount of Rs.4,40,058/ 17 and Rs.1,91,619/- from the period ich was wrongly and deliberately 2026 itioner pondent ocate of the rari ) vide ongly ratuity ure of nt to ,058/- period rately PUNEET CHAWLA 2026.02.20 14:53 I attest to the accuracy and integrity of this document CWP-246-20 2. petitioner sup prior to his 21.11.2012 (A causing a pe Rs.3,83,238/ total assessed that the afore payable to th of Rs.4,40,0 (Annexure P preferred a Government, 09.05.2017 ( resultantly, th In pursuance cheque date submitted a account of d response. Co by way of CW respondents months. In p 2 2020 Learned counsel for the petition er superannuated from service on 29 o his retirement, the Managing Di 012 (Annexure P-2), whereby the pet a pecuniary loss to the responde 3,238/- and consequently a recovery o sessed loss, was imposed upon him. L e aforesaid amount of Rs.1,91,619/- e to the petitioner, which amounted to .4,40,058/- was released vide sanc ure P-3). Feeling aggrieved by the ed a statutory appeal before the A ment, Department of Agriculture and 017 (Annexure P-5). The said app ntly, the withheld amount of Rs.1,91,6 uance thereto, the respondents disbur dated 23.02.2018 (Annexure P ted a representation dated 24.07.201 t of delayed release of gratuity, h se. Constrained by such inaction, the p of CWP-31830-2019, which stood dis dents to decide the pending represen s. In purported compliance, the respon etitioner, inter alia, submits that the on 29.04.2016. It is contended that ng Director passed an order dated he petitioner was held responsible for pondent-Corporation to the tune of very of Rs.1,91,619/-, i.e. 50% of the him. Learned counsel further submits was withheld out of the gratuity nted to Rs.6,31,677/-, and only a sum sanction order dated 22.02.2017 by the said recovery, the petitioner the Additional Chief Secretary to re and Farmers Welfare, Haryana on id appeal came to be allowed and, 1,91,619/- was ordered to be released. disbursed the recovered amount vide re P-7). Thereafter, the petitioner 7.2018 seeking grant of interest on ity, however, the same evoked no , the petitioner approached this Cour ood disposed of with a direction to the presentation within a period of three respondents passed a speaking order at the d that dated le for ne of of the bmits ratuity a sum .2017 itioner ry to na on and, eased. t vide tioner est on ed no Court to the three order PUNEET CHAWLA 2026.02.20 14:53 I attest to the accuracy and integrity of this document CWP-246-20 dated 13.12. Learned cou release of ret ratio laid do Engineer (Re 3. subsequent to Chief Secreta released with the admitted in the actual the controver Full Bench ju 4. length and ha original reco matrix that e respondent- Inquiry Offic being 50% of the age of su be withheld 3 2020 13.12.2019 (Annexure P-1) rejecting d counsel contends that the inordin of retiral dues, per se, entitles the pet aid down by the Full Bench in A.S r (Retd.) vs. State of Punjab, 1998 (1 Per contra, learned counsel uent to the acceptance of the petition Secretary on 29.12.2017, the withheld d without any avoidable delay. Howe itted factual position that there has be actual disbursement of the retiral dues troversy involved in the present lis s nch judgment rendered in A.S. Randh I have heard learned counsel and have meticulously perused the ple l record produced with their able as that emerges for adjudication is that -Corporation, concurring with t Officer, imposed a recovery of Rs. 0% of the total assessed loss of Rs.3,8 of superannuation on 29.04.2016 and thheld from his gratuity. The statu jecting the claim of the petitioner. nordinate and unexplained delay in he petitioner to interest in view of the A.S. Randhawa, Superintending 98 (1) SCT 343. sel for the respondent submits that petitioner’s appeal by the Additional ithheld amount of Rs.1,91,619/- was However, he is unable to controvert has been a considerable lapse of time al dues. He also does not dispute that nt lis stands squarely covered by the andhawa (supra). unsel for the parties at considerable the pleadings on record along with the ble assistance. The admitted factual is that the Managing Director of the with the findings returned by the of Rs.1,91,619/- upon the petitioner, Rs.3,83,238/-. The petitioner attained 16 and the aforesaid amount came to statutory appeal preferred by the tioner. lay in of the ng s that itional was rovert f time te that y the erable ith the actual of the y the tioner, tained me to y the PUNEET CHAWLA 2026.02.20 14:53 I attest to the accuracy and integrity of this document CWP-246-20 petitioner wa of the deduct 5. the claim of The issue is governed by Randhawa pensionary a constitute a superannuatio release of su months wou compensate t 6. of law, and w collateral is Corporation/c on the delay annum. The statutory app 4 2020 er was ultimately allowed on 29.12.2 educted amount thereafter. The lis, thus, survives in a narro im of interest on account of delayed d sue is no longer res integra. The clai ed by the authoritative pronounceme (supra), wherein it has been nary and retiral benefits are not in ute a vested and enforceable right nnuation. It has further been held t of such dues beyond a reasonable p s would entail a corresponding lia nsate the retiree by way of interest on t In the conspectus of the aforesa , and without embarking upon any furt ral issues, the present writ petiti ation/competent authority is directed delayed payment of arrears payable . The interest shall be calculated fro ry appeal i.e. 29.12.2017 till the date o 9.12.2017, culminating in the release a narrow compass, confined solely to layed disbursement of retiral benefits. he claim of the petitioner is squarely ncement of the Full Bench in A.S. been unequivocally enunciated that not in the nature of a bounty, but right accruing to an employee on held that any culpable delay in the able period quantified therein as two ng liability upon the employer to st on the belated payments. foresaid facts and the settled position ny further adjudication on ancillary or petition is allowed. Respondent ected to compute and release interest ayable to the petitioner @ 6% per ted from the date of decision of the date of actual realization. elease lely to nefits. uarely A.S. that y, but ee on in the s two er to sition ary or ndent- terest % per of the PUNEET CHAWLA 2026.02.20 14:53 I attest to the accuracy and integrity of this document CWP-246-20 7. consequentia of three mont 8. disposed of. February 1 P.C 5 2020 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. ary 17, 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. plication(s), if any, shall also stands (HARPREET SINGH BRAR) JUDGE easoned. : Yes/No Yes/No nd the period stands RAR) PUNEET CHAWLA 2026.02.20 14:53 I attest to the accuracy and integrity of this document