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2025 DAILYLAW 8461 (PNJ)

SAJJAN SINGH v. STATE OF HARYANA AND ORS.

CWP/8301/2003 · 2026-07-28

Nidhi Gupta

body2025

Judgment text

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CWP-8301 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 141 Sajjan Singh State of Haryana CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) 1. Constitution of India is for issuance of a writ in the nature of directing the respondents to release the retiral benefits including leave encashment and to make payment of penal interest payment of part of retiral benefits 2. Division Bench vide order dated 3. petitioner 23.07.2025, following order has been passed by this Court:- 8301-2003 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Date of Decision: Sajjan Singh Versus State of Haryana and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA None for the petitioner. Mr. Suneel Ranga, DAG, Haryana. NIDHI GUPTA, J. (ORAL) Prayer in this petition filed under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature of directing the respondents to release the retiral benefits including leave encashment and to make payment of penal interest payment of part of retiral benefits. The matter pertains to the year 20 Division Bench vide order dated 20.07.2004. Perusal of the order-sheets reveal(s) that had gone unrepresented. On the last date of hearing i.e. 23.07.2025, following order has been passed by - “Vide order dated 16.07.2025, the matter was taken up under “Special Mediation Drive counsel was directed to verify as to whether any cause of action subsists and also as to whether the petitioner is alive or not. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-8301-2003 (O&M) Date of Decision: 28.07.2026 .… Petitioner .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Suneel Ranga, DAG, Haryana. Prayer in this petition filed under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature of Mandamus directing the respondents to release the retiral benefits including leave encashment and to make payment of penal interest for the delayed The matter pertains to the year 2003 and was admitted by the 20.07.2004. sheets reveal(s) that since 30.08.2024 the On the last date of hearing i.e. 23.07.2025, following order has been passed by the Predecessor Bench of Vide order dated 16.07.2025, the matter was taken Special Mediation Drive” and the learned State counsel was directed to verify as to whether any cause of action subsists and also as to whether the petitioner is alive Prayer in this petition filed under Articles 226/227 of the directing the respondents to release the retiral benefits including leave for the delayed 03 and was admitted by the 30.08.2024 the On the last date of hearing i.e. the Predecessor Bench of Vide order dated 16.07.2025, the matter was taken and the learned State counsel was directed to verify as to whether any cause of action subsists and also as to whether the petitioner is alive RISHU KATARIA 2026.07.29 11:49 I attest to the accuracy and authenticity of this order/judgment. CWP-8301 4. Singh, Advocate that petitioner, namely, Sajja further recorded in the office report that learned counsel has not provided his e-mail ID. Even the LRs of the deceased forward to pursue the matter. 5. petitioner despite the case having been called twice. 6. the petitioner pendency of the present second appeal before this Court for a period of more than pursuing the same, as no attempt has been made by counsel or to engage a new counsel. 8301-2003 (O&M) -2- The issue in the present petition is only with regard to release of retiral benefits including leave enc interest thereupon. There is no representation on behalf of the petitioner and it is also not forthcoming as to whether the petitioner is alive or not. However, considering the fact that the law is well settled with regard to the relief sought petition, an effort can be made to resolve the matter amicably through mediation. In light of the objective to be achieved of the Mediation Drive”, the matter is referred to the Mediation and Conciliation Centre of this Court for ex possibility of an amicable solution between the parties. Parties/counsels are directed to appear before the Mediation and Conciliation Centre of this Court on 28.07.2025. Registry is directed to inform learned counsel for the parties through e-mail/telephonically. Meanwhile, learned counsel for the parties are requested to complete their instructions. Office report dated 23.07.2026 Singh, Advocate representing the petitioner oner, namely, Sajjan Singh had expired 4 further recorded in the office report that learned counsel has not provided mail ID. Even the LRs of the deceased forward to pursue the matter. Today also none has put in appearance on behalf of the despite the case having been called twice. In view of the aforesaid premise, the petitioner would be a futile exercise. It appears that due to sheer long of the present second appeal before this Court for a period of more than 23 years, the petitioner or his LRs, if any, pursuing the same, as no attempt has been made by counsel or to engage a new counsel. It is The issue in the present petition is only with regard to of retiral benefits including leave encashment and There is no representation on behalf of the petitioner also not forthcoming as to whether the petitioner is alive or not. However, considering the fact that the law is well settled with regard to the relief sought in the present petition, an effort can be made to resolve the matter In light of the objective to be achieved of the “Special , the matter is referred to the Mediation and Conciliation Centre of this Court for exploring the possibility of an amicable solution between the parties. Parties/counsels are directed to appear before the and Conciliation Centre of this Court on Registry is directed to inform learned counsel for the mail/telephonically. Meanwhile, learned counsel for the parties are complete their instructions.” 23.07.2026 indicates that Mr. Jagat representing the petitioner had informed telephonically Singh had expired 4-5 years ago and it is further recorded in the office report that learned counsel has not provided mail ID. Even the LRs of the deceased-petitioner have also not come none has put in appearance on behalf of the despite the case having been called twice. In view of the aforesaid premise, issuance of fresh notice to would be a futile exercise. It appears that due to sheer long of the present second appeal before this Court for a period of petitioner or his LRs, if any, have lost interest in pursuing the same, as no attempt has been made by them to contact their It is, therefore, clear that the The issue in the present petition is only with regard to ashment and There is no representation on behalf of the petitioner also not forthcoming as to whether the petitioner is alive or not. However, considering the fact that the law is in the present petition, an effort can be made to resolve the matter , the matter is referred to the Mediation ploring the Parties/counsels are directed to appear before the and Conciliation Centre of this Court on Registry is directed to inform learned counsel for the Meanwhile, learned counsel for the parties are indicates that Mr. Jagat had informed telephonically 5 years ago and it is further recorded in the office report that learned counsel has not provided petitioner have also not come none has put in appearance on behalf of the issuance of fresh notice to would be a futile exercise. It appears that due to sheer long of the present second appeal before this Court for a period of lost interest in clear that the RISHU KATARIA 2026.07.29 11:49 I attest to the accuracy and authenticity of this order/judgment. CWP-8301 petitioner or his LRs matter. 7. disposed of move an appropriate application within a period of for reviving the same, if so, advised. 8. 28.07.2026 rishu 8301-2003 (O&M) -3- petitioner or his LRs are not seriously interested in pursuing the present Be that as it may, the instant regular second appeal is disposed of, with liberty to the LRs of the deceased petitioner, if any, move an appropriate application within a period of for reviving the same, if so, advised. Pending application(s), if any, shall also stand disposed of. 28.07.2026 Whether speaking/reasoned Whether Reportable seriously interested in pursuing the present Be that as it may, the instant regular second appeal is LRs of the deceased petitioner, if any, to move an appropriate application within a period of 08 weeks from today Pending application(s), if any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No seriously interested in pursuing the present Be that as it may, the instant regular second appeal is to from today RISHU KATARIA 2026.07.29 11:49 I attest to the accuracy and authenticity of this order/judgment.