CWP-681-20 IN TH 218 Nahar Singh Punjab State CORAM: Present : HARPREET 1. Constitution mandamus account of re more than 1 respondent. 2. petitioner sup Officer, whe 1 2022 N THE HIGH COURT OF PUNJA AT CHANDIGA CWP Date o Singh VERSUS State Cooperative Supply and Market HON'BLE MR. JUSTICE HA Mr. Lovedev Singh, Advocate for the petitioner. Mr. Satyam Tandon, Advocate f REET SINGH BRAR, J. (Oral) The present petition has been fil tution of India praying for issuance us for directing the respondent to r t of release of payment of leave encas than 16 years of his retirement/sup dent. Learned counsel for the petition er superannuated from service on 30 r, whereas his retiral dues towards le NJAB AND HARYANA DIGARH CWP-681-2022 Date of Decision: February 19, 2026 ....Petitioner SUS arketing Federation Limited ...Responde HARPREET SINGH BRAR ocate for Mr. Shiv Kumar, Advocate ocate for the respondent. een filed under Article 226/227 of the suance of a writ in the nature of nt to release the interest @ 18% on encashment after a delayed period of ent/superannuation withhold by the etitioner, inter alia, submits that the on 30.09.2005 on the post of Field rds leave encashment etc. were paid 2026 itioner pondent ocate of the re of % on iod of y the at the Field e paid PUNEET CHAWLA 2026.02.20 16:50 I attest to the accuracy and integrity of this document CWP-681-20 only on 20.0 the petitioner 30.05.2000 a 21.10.2005 r awarded the however, the 20.12.2012. I in favour of never challen amount was contends tha dues, per se, by the Full B State of Punj 3. delay occurre arbitration lit benefits coul deliberate del already been controvert the and the arbit 2 2022 n 20.09.2021, as is discernible from titioner faced two departmental proce 000 and 18.07.2003, which stood 005 respectively. In the latter cha d the punishment of reduction of five er, the said punishment order was 012. It is further submitted that the ar ur of the petitioner vide order dated challenged by the respondent. Desp t was released to the petitioner only o ds that such inordinate and unexplai er se, entitles the petitioner to interes Full Bench in A.S. Randhawa, Super Punjab, 1998 (1) SCT 343. Per contra, learned counsel for t ccurred on account of the departmen tion litigation pending against the peti s could not be finalized earlier. It is c ate delay is attributable to the respond been released, no further liability sur ert the fact that the punishment order e arbitration case was also decided from Annexure P-4. During service, proceedings i.e. charge-sheets dated stood concluded on 24.01.2003 and er charge-sheet, the petitioner was f five stages in his time scale of pay; r was subsequently withdrawn on t the arbitration case was also decided dated 15.05.2015 and the same was Despite this, the leave encashment only on 20.09.2021. Learned counsel explained delay in release of retiral nterest in view of the ratio laid down uperintending Engineer (Retd.) vs. el for the respondents submits that the artmental proceedings as well as the e petitioner and, therefore, the retiral It is contended that no intentional or spondents and, the retiral dues having ity survives. However, he is unable to order stood withdrawn on 20.12.2012 cided in favour of the petitioner on rvice, dated 3 and r was f pay; n on cided e was hment ounsel retiral down ) vs. at the as the retiral nal or aving ble to .2012 er on PUNEET CHAWLA 2026.02.20 16:50 I attest to the accuracy and integrity of this document CWP-681-20 15.05.2015, y only on 20.09 4. the record. A encashment proceedings imposed ther were also de award was ne for withholdi encashment i 5. squarely gov A.S. Randha pensionary a constitute a superannuatio release of su months wou compensate t 6. of law, and w 3 2022 015, yet the leave encashment amoun 20.09.2021. I have heard learned counsel fo ord. Admittedly, the petitioner retire ment dues were released only on dings stood concluded by 21.10.20 d therein was withdrawn on 20.12.20 lso decided in favour of the petition was never challenged. Thus, there rem thholding the retiral dues thereafter. ment is, therefore, held to be inordinat The issue is no longer res integr ly governed by the authoritative prono ndhawa (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 ate the retiree by way of interest on t In the conspectus of the aforesa , and without embarking upon any furt amount was released to the petitioner nsel for the parties and gone through retired on 30.09.2005 and the leave y on 20.09.2021. The departmental .10.2005 and even the punishment .12.2012. The arbitration proceedings etitioner on 15.05.2015 and the said re remained no justifiable impediment after. The delay in release of leave rdinate and unexplained. tegra. The claim of the petitioner is pronouncement of the Full Bench in 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 tioner rough leave ental hment dings e said iment leave r is nch in d that y, but ee on in the s two er to sition ary or PUNEET CHAWLA 2026.02.20 16:50 I attest to the accuracy and integrity of this document CWP-681-20 collateral issu the responde interest on th dues, if any, calculated fro the date of ac 7. consequentia of three mont 8. disposed of. February 19 P.C 4 2022 ral issues, the present writ petition is spondent-Federation/competent autho t on the delayed payment of leave enc if any, to the petitioner @ 6% per from two months after the date of e of actual realization of the amount. 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. 19, 2026 Whether speaking/reasone Whether Reportable. : ion is disposed of with a direction to authority to compute and release ve encashment, including other retiral per annum. The interest shall be ate of retirement of the petitioner till 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 ion to elease retiral all be er till nd the iod stands RAR) PUNEET CHAWLA 2026.02.20 16:50 I attest to the accuracy and integrity of this document