Extracted from the PDF above. The PDF is authoritative.
CWP-17922 IN TH 219(3 cases)
1.
Sant Ram
State of Punja
2.
Ram Kirpal
State of Punja
3.
Balbir Singh
State of Punja
1
922-2025 and two connected matters IN THE HIGH COURT OF PUNJAB AT CHANDIGA
cases)
VERSUS f Punjab and others
irpal VERSUS Punjab and others
Singh VERSUS Punjab and others
tters NJAB AND HARYANA DIGARH Date of decision:17.02.2026
CWP-17922-2020 .....Petitioner SUS
.....Responden
CWP-17931-2020 .....Petitioner SUS
.....Responden
CWP-17927-2020 .....Petitioner SUS
.....Responden
.2026
2020 ioners ondents 2020 itioner ondents 2020 ioners ondents
PUNEET CHAWLA 2026.02.19 18:22 I attest to the accuracy and integrity of this document
CWP-17922
CORAM:
Present :
HARPREET
1.
as they arise the facts are t
2.
writ petition prayers:- 2
922-2025 and two connected matters HON'BLE MR. JUSTICE HA
Ms. Shruti Jain Goyal with Ms. the petitioner(s). Mr. Vikas Sonak, AAG, Punjab. Mr. Parveen Chauhan, Advoca Wasu, Advocate for respondents Mr. Abhilaksh Gaind, Standing Advocate for respondent No.6 in
REET SINGH BRAR, J. (Oral)
This order shall dispose of the arise from a similar factual matrix. H ts are taken from CWP-17922-2020.
The petitioner has approached t tition under Articles 226 of the Consti <a)
Praying for issuan certiorari for setting aside the im (Annexure P-10), whereby, the has illegally and arbitrarily den the grant of pension on the gr entitled to pension being the em peculiar facts and circumstances petitioner was employee of res he was absorbed by the respond being transferred to PWSSB on where the petitioner retired from
tters E HARPREET SINGH BRAR th Ms. Sheena Dahiya, Advocates for unjab. dvocate for Mr. Gagandeep Singh ndents No.2, 4 and 5. nding Counsel with Ms. Priya Jarial, o.6 in all cases.
f the above-mentioned writ petitions trix. However, for the sake of brevity,
020. ched this Court by filing the present Constitution of India on the following issuance of a writ in the nature of the impugned reply dated 14.09.2020 y, the respondent Municipal-Council ly denied the claim of petitioner qua the ground that the petitioner is not the employee of PWSSB, whereas the stances of the case highlights that the of respondent Municipal Council, as espondent Municipal Council, before SB on the basis of deputation, from d from the service.
for Singh Jarial, titions revity, resent owing re of .2020 ouncil er qua is not as the at the cil, as before , from PUNEET CHAWLA 2026.02.19 18:22 I attest to the accuracy and integrity of this document
CWP-17922
3.
submits that disbursed. It duly delineat occasioned in account of a submits that respective sh therefore, no petitions.
4.
though the disbursed in final instalm contended th 3
922-2025 and two connected matters b)
Further praying for of mandamus directing the respo and retiral/pensionary servic encashment, CPF and other du 18% interest to the petitioner t prayed that in case this Cour petitioner is employee of PWSS may be given to the responde amount along with interest @ 1 payment till its realization.=
Learned counsel for responde s that the entire retiral dues payable ed. It is contended that the particular elineated in the reply filed on behalf ned in the release of retiral benefits ha t of acute financial constraints and hat respondents No.2, 4 and 6 ive shares of all admissible retiral due re, nothing substantive survives for a
In rebuttal, learned counsel fo the retiral dues have eventually b ed in a piecemeal manner, commenc nstalment having been released onl ded that there has been an inordin
tters ng for issuance of a writ in the nature e respondents to grant/release pension service benefits (gratuity, leave her dues and arrears etc) along with ioner till its realization. Further it is Court comes to a conclusion that PWSSB, then in alternative directions spondents to grant the entitled CPF st @ 18% per annum for the delay in spondent No.6, at the very outset, yable to the petitioners already stand rticulars of such payments have been ehalf of respondent No.6. The delay efits has been sought to be justified on s and paucity of funds. He further nd 6 have already liquidated their al dues payable to the petitioners and, s for adjudication in the present writ sel for the petitioners submits that ally been released, the same were mencing from 10.04.2020, with the d only on 13.09.2021. It is, thus, inordinate, unexplained and wholly
nature ension leave with r it is n that ctions CPF lay in utset, stand been delay ied on urther their s and, t writ s that were th the thus, holly PUNEET CHAWLA 2026.02.19 18:22 I attest to the accuracy and integrity of this document
CWP-17922 unjustified de the petitioner Full Bench in of Punjab, instructions, directions are delayed paym position that
5. length and h their able ass 6 clearly indi in instalment under:
4
922-2025 and two connected matters fied delay in the settlement of retiral itioners to the grant of interest in view ench in A.S. Randhawa, Superintend , 1998 (1) SCT 343. Learned tions, that the petitioners would rest sa ns are issued to the respondents for r d payment. However, she fairly do n that the principal retiral dues now sta
I have heard learned counsel and have perused the pleadings and le assistance.
A perusal of the reply fi ly indicates that the retiral dues were a lments, resulting in an inordinate dela
a) Gratuity
b) Leave encashment c) PF
d) PF installments
e) Balance revised pay scale
to be deposited in PF f) Balance of enhanced
DA to be deposited in PF
Total:
tters retiral benefits, which, per se, entitles in view of the ratio laid down by the tending Engineer (Retd.) vs. State rned counsel further submits, upon rest satisfied in the event appropriate s for release of interest on account of rly does not controvert the factual ow stand fully paid. unsel for the parties at considerable s and material placed on record with eply filed on behalf of respondent No. were admittedly paid to the petitioner te delay. The relevant extract reads as
6,13,655/-
3,03,906/-
2,23,608/-
84,208/- cale 13,288/-
51,824/- PF tal: 12,90,489/-
ntitles by the tate upon priate unt of actual erable with nt No. tioner ads as PUNEET CHAWLA 2026.02.19 18:22 I attest to the accuracy and integrity of this document
CWP-17922
under:- Cheque No 085704 088981 097612 101488
raised by th governed by Randhawa pensionary a dependent up and enforcea been further such dues be would ipso recompense
6. embarking up the present w No.2 to 6/com payment of a shall be calcu retirement of 5
922-2025 and two connected matters
Whole of the above said dues
Dated 10.04.2020 31.03.2021 06.07.2021 13.09.2021 Total
It transpires, from the admitted by the petitioners is no longer res ed by the authoritative pronounceme (supra).
The Full Bench has nary and retiral benefits do not part ent upon the discretion of the employe forceable right accruing to an employ urther authoritatively held that any c ues beyond a reasonable period qua pso facto entail a corresponding l ense the retiree by way of interest on t
In view of the aforesaid factual ing upon any further adjudication on sent writ petitions are disposed of w 6/competent authority to compute and nt of arrears payable to the petitioners e calculated upon expiry of two mont ent of the petitioners and shall run till
tters ues stand paid to the petitioner as Amount 1,00,000/- 2,23,608/- 1,00,000/- 8,66,881/- 12,90,489/- mitted factual matrix, that the claim er res integra and stands squarely ncement of the Full Bench in A.S. has unequivocally enunciated that t partake the character of a bounty mployer, but rather constitute a vested mployee upon superannuation. It has any culpable delay in the release of d quantified therein as two months ding liability upon the employer to est on the belated disbursement. actual and legal position, and without ion on the merits of the controversy, d of with a direction to respondents ute and release interest on the delayed ioners @ 6% per annum. The interest months from the respective dates of un till the date of actual realization. r as claim uarely A.S. d that ounty vested It has ase of onths yer to ithout versy, dents layed terest tes of
PUNEET CHAWLA 2026.02.19 18:22 I attest to the accuracy and integrity of this document
CWP-17922
7. and the conse a period of th
order.
8.
disposed of.
9.
paper-books
February 17 P.C
6
922-2025 and two connected matters
Let the aforesaid exercise be u consequential monetary benefits be r d of three months from the date of re
Pending miscellaneous applicat ed of.
Registry is directed to place a ooks of the connected matters. 17, 2025
Whether speaking/r
Whether Reportable
tters e be undertaken with due expedition ts be released to the petitioners within of receipt of a certified copy of this plication(s), if any, shall also stands ace a photocopy of this order on the (HARPREET SINGH BRAR)
JUDGE
king/reasoned. : Yes/No ortable. :
Yes/No
dition within of this stands n the RAR) PUNEET CHAWLA 2026.02.19 18:22 I attest to the accuracy and integrity of this document