CWP-5335- IN TH 219 Ashwani Kum Punjab State CORAM: Present : HARPREET 1. Constitution mandamus petitioner inc provisional p Regulations o been illegally 2. petitioner jo 1 -2022 N THE HIGH COURT OF PUNJA AT CHANDIGA CWP Date o ni Kumar Sharma VERSUS State Power Corporation Limited and HON'BLE MR. JUSTICE HA Mr. Mritunjai Dutt, Advocate Advocate the petitioner. Mr. Raghav Agnihotri, Advocate REET SINGH BRAR, J. (Oral) The present petition has been fil tution of India praying for issuance us for directing the respondents to er including gratuity, leave encash onal pension in accordance with the tions of 1982 as well as the Punjab legally withheld without any order. Learned counsel for the petition er joined the erstwhile PSEB, no NJAB AND HARYANA DIGARH CWP-5335-2022 Date of Decision: February 19, 2026 ....Petitioner SUS ed and another ...Responden HARPREET SINGH BRAR vocate for Mr. Animesh Sharma, vocate for the respondents. een filed under Article 226/227 of the suance of a writ in the nature of to release the retiral benefits of ncashment as well as pension and th the PSEB (Premature Retirement) unjab Civil Service Rules, which has etitioner, inter alia, contends that the B, now PSPCL, on 11.11.1991 as 2026 itioner ondents arma, of the re of fits of n and ment) h has at the 91 as PUNEET CHAWLA 2026.02.20 16:50 I attest to the accuracy and integrity of this document CWP-5335- Assistant En Assistant Ex voluntary ret discernible fr of responden his No Due 14.05.2015 (A the petitioner relinquishme 3(3)(c) of the the absence o before expiry date of expir was served w from duty. U was accepted submits that 10.05.2022, t two months t It is contend the petitioner A.S. Randha 1998 (1) SCT 2 -2022 nt Engineer (OT) and was subseque nt Executive Engineer on 07.06.199 ary retirement on 22.04.2015 upon atta ible from Annexure P-2. Pursuant the ondent-PSPCL acknowledged the pe Due Certificates from all his place 015 (Annexure P-3). On 08.06.2015, titioner relinquished the charge of hi ishment report in this regard (Annex of the Punjab State Electricity Board ence of refusal by the respondents to expiry of the notice period, the retirem expiry of the said period. To the utt rved with a charge-sheet on 09.10.201 uty. Ultimately, the request of the pet cepted only on 10.05.2022 w.e.f. 08.06 s that once the request for voluntary 022, the retiral dues were required to onths therefrom; however, the same w ntended that such inordinate and une itioner to interest in view of the ratio ndhawa, Superintending Engineer ) SCT 343. bsequently promoted to the post of .06.1999. The petitioner applied for on attaining the age of 50 years, as is ant thereto, the Establishment Branch he petitioner’s notice and called for places of posting vide memo dated .2015, in the absence of any rejection, of his post and submitted a charg Annexure P-4). Further, as per Rule Board Services Regulations, 1982, in nts to grant permission for retirement retirement becomes effective from the the utter surprise of the petitioner, he 10.2017 regarding his alleged absence the petitioner for voluntary retirement . 08.06.2015. Learned counsel further luntary retirement stood accepted on ired to be released within a period of ame were released only in July, 2024. nd unexplained delay, per se, entitles ratio laid down by the Full Bench in ineer (Retd.) vs. State of Punjab ost of d for , as is ranch ed for dated ction, harge Rule 82, in ement m the er, he sence ement urther ed on iod of 2024. ntitles nch in jab, PUNEET CHAWLA 2026.02.20 16:50 I attest to the accuracy and integrity of this document CWP-5335- 3. they are not l pending aga concluded on interest. How any statutory against an e retiral dues h recorded in th dismissal of t 4. through the r retirement w disciplinary imposition o release of his 5. the claim of The issue is governed by Randhawa pensionary a 3 -2022 Per contra, learned counsel fo e not liable to pay interest on account g against the petitioner and the d ded on 15.02.2024. As such, the pe t. However, he is unable to assist this C tutory mandate permitting continuati an employee after his retirement. I dues have already been paid to the pe ed in the order passed by this Court on sal of the present writ petition. I have heard learned counsel h the record. Admittedly, the request ent was accepted on 10.05.2022 w.e inary proceedings culminating on 15 tion of any punishment upon the pe of his retiral dues is held to be inordin 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 sel for the respondents submits that count of delay, as a charge-sheet was the disciplinary proceedings were the petitioner is not entitled to any t this Court regarding the existence of tinuation of disciplinary proceedings ent. It is further submitted that all the petitioner, which fact also stands urt on 08.08.2024, and thus prays for unsel for the parties and have gone equest of the petitioner for voluntary 22 w.e.f. 08.06.2015. Moreover, the on 15.02.2024 did not result in the the petitioner. As such, the delay in nordinate and unexplained. 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 s that et was were o any nce of dings at all stands ys for gone untary r, the in the lay in ely to nefits. uarely A.S. that y but PUNEET CHAWLA 2026.02.20 16:50 I attest to the accuracy and integrity of this document CWP-5335- constitute a retirement. It dues beyond entail a corre by way of int 6. of law, and collateral i respondents/c on the delaye The interest voluntary reti 7. consequentia of three mont February 19 P.C 4 -2022 ute a vested and enforceable right ent. It has further been held that any c eyond a reasonable period quantified corresponding liability upon the emp of interest on the belated payments. In the conspectus of the aforesa , and without embarking upon any furt ral issues, the present writ dents/competent authority are directed delayed payment of retiral dues of th terest shall be calculated from the da ary retirement i.e 10.05.2022 till the da Let the aforesaid exercise be un uential monetary benefits be released e months from the date of receipt of a c 19, 2026 Whether speaking/reasone Whether Reportable. : right accruing to an employee on t any culpable delay in release of such ntified therein as two months would e employer to compensate the retiree foresaid facts and the settled position ny further adjudication on ancillary or writ petition is allowed. The rected to compute and release interest s of the petitioner @ 6% per annum. the date of acceptance of petitioner’s the date of actual realization. be undertaken expeditiously and the eased to the petitioner within a period t of a certified copy of this order. (HARPREET SINGH BRAR) JUDGE easoned. : Yes/No Yes/No ee on f such would retiree sition ary or The terest nnum. oner’s nd the period RAR) PUNEET CHAWLA 2026.02.20 16:50 I attest to the accuracy and integrity of this document