CWP-8066-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA 122 DR. BRAHM PRAKASH SINGH STATE OF HARYANA CORAM: HON'BLE MR Present: Mr. for the petitioner Ms. Tanushree Gupta, Deputy Advocate General, Haryana. TRIBHUVAN DAHIYA The petition has been filed the respondents to retiral benefits to the petitioner at the rate of twelve per cent per annum from the date of retirement, i.e., 31.07.2022, till actual payment. 2. Learned counsel for the petitioner contends that the payment of retiral benefits petitioner after delay of about one year and two any explanation. of interest on the delayed release of benefits. 3. An affidavit dated respondent no.1 and 2 well as 276 days 5. explain 2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Decided On: DR. BRAHM PRAKASH SINGH Versus STATE OF HARYANA AND OTHERS CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Mr. Ranjit Saini, Advocate for the petitioner. Ms. Tanushree Gupta, Deputy Advocate General, Haryana. TRIBHUVAN DAHIYA J.(Oral) The petition has been filed seeking a writ of the respondents to release the payment of interest on delayed payment of s to the petitioner at the rate of twelve per cent per annum from the date of retirement, i.e., 31.07.2022, till actual payment. Learned counsel for the petitioner contends that the payment of retiral benefits, viz., gratuity as well as leave encashment petitioner after delay of about one year and two any explanation. Therefore, in terms of settled law, he is entitled to payment of interest on the delayed release of benefits. An affidavit dated 25.04.2025 has been filed on behalf of respondent no.1 and 2, explaining the delay for late payment of gratuity as 276 days of leave encashment, in the following 5. That in respect of payment of Gratuity, the delay is explained as under: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-8066-2025 Decided On: 08.05.2025 ....PETITIONER(s) ....RESPONDENT(s) . JUSTICE TRIBHUVAN DAHIYA Ms. Tanushree Gupta, Deputy Advocate General, Haryana. ing a writ of mandamus directing payment of interest on delayed payment of s to the petitioner at the rate of twelve per cent per annum from the date of retirement, i.e., 31.07.2022, till actual payment. Learned counsel for the petitioner contends that the payment of as well as leave encashment was released to the petitioner after delay of about one year and two months, respectively, without n terms of settled law, he is entitled to payment 25.04.2025 has been filed on behalf of , explaining the delay for late payment of gratuity as n the following manner: That in respect of payment of Gratuity, the delay is directing payment of interest on delayed payment of s to the petitioner at the rate of twelve per cent per annum from Learned counsel for the petitioner contends that the payment of released to the out n terms of settled law, he is entitled to payment 25.04.2025 has been filed on behalf of , explaining the delay for late payment of gratuity as That in respect of payment of Gratuity, the delay is Aman Dua 2025.05.14 17:59 I attest to the accuracy and authenticity of this judicial document CWP-8066-2025 (i) (ii) in the payment of gratuity was due to lack of because the salary of teaching & non Aided Colleges was pending. As the first quarter of total budget has been received in the month of May, 2023 the salary of 95% to the teaching and non Colleges for the months of February, March, April and May of 2023 was required to be released on priority basis. The Budget of the 1" Quarter was lapsed. On the request of the department of the answering respondent, the finance department Haryana allotted the 2nd Quarter budget in the Month of July, 2023. Accordingly, the sanctioned order of the amount of gratuity of Rs. 19 Lacs (95% of the to the concerned college by the department of the answering respondent of gratuity was paid by the college on 04.09.2023 to the petitioner. Hence, there is a procedural delay on the part of the answering respondent for sanctioning the amount of gratuity. 6. delay is explain (i) Leave Encasement of the petitioner was forwarded by the college to the office of Director Higher Education, Haryana, Panchkula on Since the service book of the petitioner was missing in the office of Director Higher Education, Haryana, Panchkula and the same traced out on 19.10.2023 from the record of department. The sa Encas answering respondent to the concerned college. The bill of the said amount of leave encashment received on 23.05.2024 form the college. The san 2396507/ 2025 -2- (i) xxx xxx xxx (ii) That it is pertinent to mention here that the reason of delay in the payment of gratuity was due to lack of because the salary of teaching & non Aided Colleges was pending. As the first quarter of total budget has been received in the month of May, 2023 the salary of 95% to the teaching and non-teaching staff of 97 Govt Colleges for the months of February, March, April and May of 2023 was required to be released on priority basis. The Budget of the 1" Quarter was lapsed. On the request of the department of the answering respondent, the finance department Haryana allotted the 2nd Quarter budget in the Month of July, 2023. Accordingly, the sanctioned order of the amount of gratuity of Rs. 19 Lacs (95% of the Govt. Share) was issued on 03.08.2023 to the concerned college by the department of the answering respondent for making the payment to the petitioner. The amount of gratuity was paid by the college on 04.09.2023 to the petitioner. Hence, there is a procedural delay on the part of the answering respondent for sanctioning the amount of gratuity. 6. That in respect of payment of Leave Encashment, the delay is explained as under:- (i) That the petitioner retired on 31.07.2022. The case of Leave Encasement of the petitioner was forwarded by the college to the office of Director Higher Education, Haryana, Panchkula on 27.02.2023 after 07 months of the retirement of the petitioner. Since the service book of the petitioner was missing in the office of Director Higher Education, Haryana, Panchkula and the same traced out on 19.10.2023 from the record of department. The sanction order of Rs. 25,22,695/ Encashment was issued on 01.04.2024 by the department of the answering respondent to the concerned college. The bill of the said amount of leave encashment received on 23.05.2024 form the college. The sanction of the leave encashment amount of Rs. 2396507/- (95% Govt. Share) was sanctioned by the department That it is pertinent to mention here that the reason of delay in the payment of gratuity was due to lack of sufficient budget because the salary of teaching & non-teaching staff of Govt. Aided Colleges was pending. As the first quarter of total budget has been received in the month of May, 2023 the salary of 95% teaching staff of 97 Govt. Aided. Colleges for the months of February, March, April and May of 2023 was required to be released on priority basis. The Budget of the 1" Quarter was lapsed. On the request of the department of the answering respondent, the finance department Haryana allotted the 2nd Quarter budget in the Month of July, 2023. Accordingly, the sanctioned order of the amount of gratuity of Govt. Share) was issued on 03.08.2023 to the concerned college by the department of the answering for making the payment to the petitioner. The amount of gratuity was paid by the college on 04.09.2023 to the petitioner. Hence, there is a procedural delay on the part of the answering respondent for sanctioning the amount of gratuity. of payment of Leave Encashment, the That the petitioner retired on 31.07.2022. The case of Leave Encasement of the petitioner was forwarded by the college to the office of Director Higher Education, Haryana, Panchkula 27.02.2023 after 07 months of the retirement of the petitioner. Since the service book of the petitioner was missing in the office of Director Higher Education, Haryana, Panchkula and the same traced out on 19.10.2023 from the record of department. The nction order of Rs. 25,22,695/- (276 days) of Leave ment was issued on 01.04.2024 by the department of the answering respondent to the concerned college. The bill of the said amount of leave encashment received on 23.05.2024 form ction of the leave encashment amount of Rs. (95% Govt. Share) was sanctioned by the department That it is pertinent to mention here that the reason of delay sufficient budget teaching staff of Govt. Aided Colleges was pending. As the first quarter of total budget has been received in the month of May, 2023 the salary of 95% . Aided. Colleges for the months of February, March, April and May of 2023 was required to be released on priority basis. The Budget of the 1" Quarter was lapsed. On the request of the department of the answering respondent, the finance department Haryana allotted the 2nd Quarter budget in the Month of July, 2023. Accordingly, the sanctioned order of the amount of gratuity of Govt. Share) was issued on 03.08.2023 to the concerned college by the department of the answering for making the payment to the petitioner. The amount of gratuity was paid by the college on 04.09.2023 to the petitioner. Hence, there is a procedural delay on the part of the of payment of Leave Encashment, the That the petitioner retired on 31.07.2022. The case of Leave Encasement of the petitioner was forwarded by the college to the office of Director Higher Education, Haryana, Panchkula 27.02.2023 after 07 months of the retirement of the petitioner. Since the service book of the petitioner was missing in the office of Director Higher Education, Haryana, Panchkula and the same traced out on 19.10.2023 from the record of department. The (276 days) of Leave ment was issued on 01.04.2024 by the department of the answering respondent to the concerned college. The bill of the said amount of leave encashment received on 23.05.2024 form ction of the leave encashment amount of Rs. (95% Govt. Share) was sanctioned by the department Aman Dua 2025.05.14 17:59 I attest to the accuracy and authenticity of this judicial document CWP-8066-2025 of the answering respondent on 04.07.2024. Accordingly, the final payment has been made by the college on 22.07.2024. (ii) 3.1. In thi the delay caused with the Department, account of negligen petitioner’s service book show cause notice also. intentional. 4. Heard. 5. The explan due benefits of gratuity and leave encashmen shows that the delay was the petitioner cannot benefits only because the req Department to ensure availability of adequate budgetary grant to timely payment matter of right. leave encashment Department to keep the service book readily available for release of retiral benefits to an employee Besides, the very reason enough 5. In view thereof, the petition is allowed, and the respondents are directed to pay interest at the rate of nine per cent per annum 2025 -3- of the answering respondent on 04.07.2024. Accordingly, the final payment has been made by the college on 22.07.2024. (ii) xxx xxx xxx In this factual background, learned State counsel the delay caused in payment of gratuity was due with the Department, and the payment of leave encashment was delayed on account of negligence of an official of the Department who could not trace the service book. On this count, the said show cause notice also. Therefore, the delay in releasing the benefits was not Heard. The explanation offered by the Department due benefits of gratuity and leave encashmen the delay was entirely on account of lapse on their part for which petitioner cannot be made to suffer. He benefits only because the requisite budget was not available. It is for the Department to ensure availability of adequate budgetary grant to timely payment of retiral dues to the employees which they are entitled to as matter of right. The failure to trace the petitioner’s service book for leave encashment benefits can also not be condoned. Department to keep the service book readily available for release of retiral benefits to an employee whose retirement date Besides, the very fact that an official has been issued a show cause notice enough to conclude negligence on the Department’s In view thereof, the petition is allowed, and the respondents are directed to pay interest at the rate of nine per cent per annum of the answering respondent on 04.07.2024. Accordingly, the final payment has been made by the college on 22.07.2024. s factual background, learned State counsel contends that was due to lack of sufficient budget and the payment of leave encashment was delayed on of an official of the Department who could not trace the . On this count, the said official has been issued a Therefore, the delay in releasing the benefits was not ation offered by the Department for not releasing the due benefits of gratuity and leave encashment to the petitioner within time entirely on account of lapse on their part for which . He could not be deprived of due uisite budget was not available. It is for the Department to ensure availability of adequate budgetary grant to release of retiral dues to the employees which they are entitled to as a to trace the petitioner’s service book for release be condoned. It is responsibility of the Department to keep the service book readily available for release of retiral date is known well in advance. official has been issued a show cause notice, is a Department’s part. In view thereof, the petition is allowed, and the respondents are directed to pay interest at the rate of nine per cent per annum to the petitioner of the answering respondent on 04.07.2024. Accordingly, the contends that to lack of sufficient budget and the payment of leave encashment was delayed on of an official of the Department who could not trace the official has been issued a Therefore, the delay in releasing the benefits was not not releasing the t to the petitioner within time entirely on account of lapse on their part for which of due uisite budget was not available. It is for the release a release the Department to keep the service book readily available for release of retiral well in advance. is a In view thereof, the petition is allowed, and the respondents are to the petitioner Aman Dua 2025.05.14 17:59 I attest to the accuracy and authenticity of this judicial document CWP-8066-2025 for the delayed payment of gratuity and leave encashment till actual payment 08.05.2025 Ad 2025 -4- for the delayed payment of gratuity and leave encashment till actual payment within four weeks from today (TRIBHUVAN DAHIYA Whether speaking/reasoned? Whether reportable? for the delayed payment of gratuity and leave encashment from the due date from today. TRIBHUVAN DAHIYA) JUDGE Yes/No Yes/No date Aman Dua 2025.05.14 17:59 I attest to the accuracy and authenticity of this judicial document