211 CNR No: PHHC010708272023 2026:PHHC:114265 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-14717-2023 (O&M) Date of Decision: 18.08.2026 Surjit Singh ... Petitioner Versus State of Haryana and others ... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Shubham Saroha, Advocate for the petitioner. Mr. Suneel Ranga, DAG, Haryana. ***** NIDHI GUPTA, J. Present Civil Writ Petition under Articles 226/227 of the Constitution of India has been filed by the petitioner for issuance of a writ in nature of Certiorari for quashing the impugned order dated 19.01.2023 (Annexure P-6) passed by the Deputy Commissioner Yamuna Nagar and issue a writ in the nature of Mandamus directing the respondents to grant him amount of commutation of his pension and 18% p.a. interest on delayed payments from the due date to till the date of actual payments. 2. It is inter alia submitted by ld. counsel for the petitioner that vide order dated 11.03.1985, petitioner joined as Patwari. After attaining age of superannuation, petitioner retired on 31.10.2017 (Annexure P-1) from the post of Kanungo. NEELAM KUMARI 2026.08.19 12:56 I attest to the accuracy and integrity of this document CNR No: PHHC010708272023 [2] 2026:PHHC:114265 3. It is submitted that vide judgment dated 15.07.2000, petitioner had been convicted on account of involvement in a case under Prevention of Corruption Act by the Additional Sessions Judge, Yamunanagar. Vide order of punishment dated 18.07.2000, petitioner was sentenced to undergo one year imprisonment with fine of Rs. 8,000/-. Pursuant thereto, vide order dated 14.08.2000 (Annexure R-1), petitioner was removed from government service with effect from 18.07.2000. 4. Subsequently, vide order dated 06.12.2010 (Annexure R-2), conviction of the petitioner was set aside by this Court in Criminal Appeal No. 677-SB of 2000 and petitioner was acquitted of all charges framed against him. Accordingly, vide order dated 16.09.2011 (Annexure P-2), petitioner was reinstated in service as Patwari w.e.f. 18.07.2000. Petitioner was further held eligible to take all benefits except salary of the period of his removal. 5. Petitioner had filed CWP No. 1326 of 2013 claiming arrears of salary for the period he had been out of service. Vide order dated 30.04.2015, the said writ petition was allowed; and order dated 16.09.2011 (Annexure P-2) was modified to the extent that petitioner was held entitled to full pay and allowance for the period that he had remained out of service. It was further ordered that benefit be calculated and released to the petitioner within two months. 6. Consequently, petitioner had submitted representation dated 07.02.2017 (Annexure P-3) seeking benefit of 7th Pay Commission, being entitled and in pursuance of order dated 30.04.2015 passed in CWP No. 1326 of 2013. 7. Ld. counsel contends that in partial compliance of the said order, amount of Rs. 25,30,130/- was paid to the petitioner in the following manner: NEELAM KUMARI 2026.08.19 12:56 I attest to the accuracy and integrity of this document CNR No: PHHC010708272023 [3] 2026:PHHC:114265 Date Amount (₹) 15.06.2018 23,302 04.08.2018 15,64,427 10.07.2018 1,58,617 16.08.2018 2,24,788 02.01.2019 5,47,692 08.01.2019 11,304 Total 25,30,130 8. It is further submitted that despite rejoining on post on 16.09.2011, the amount of arrears for 20 months from 16.09.2011 to 31.05.2013 of Rs. 7,09,206/- was paid to the petitioner only on 17.07.2013 without any interest thereupon. It is pointed out that vide letter dated 28.10.2022 (Annexure P-4), the Sub-Divisional Officer (N.), Bilaspur had calculated interest on the said amount at the rate of 18% for Rs. 2,26,454/-. 9. Accordingly, petitioner had filed CWP-19854-2021 before this Court on the same cause of action; which was disposed of vide order dated 30.09.2021 (Annexure P-5) with a direction to respondent No. 2 to apply its mind to the claim of the petitioner and take a conscious decision thereupon by passing a speaking order within three months. 10. Ld. counsel submits that it is in pursuance to the said direction of this Court, that the impugned order dated 19.01.2023 (Annexure P-6) has been passed by the Deputy Commissioner, Yamunanagar stating that all benefits including pension have already been paid to the petitioner and nothing is remaining to be paid. 11. Ld. counsel argues that under the rules, an employee is entitled to receive his retiral benefits on the date of his retirement itself. In any event, the said benefits cannot be delayed beyond three months from date of actual NEELAM KUMARI 2026.08.19 12:56 I attest to the accuracy and integrity of this document CNR No: PHHC010708272023 [4] 2026:PHHC:114265 retirement. It is contended that it is the duty of the department itself to release all retiral benefits to the retired employees on the date of their retirement. And if not, department is bound to pay interest on the delayed payments. Ld. counsel contends that after his retirement, his amount of GPF was paid to him vide order dated 28.05.2019 amounting to Rs. 6,09,683, whereas he had retired on 31.10.2017. Though the order is dated 22.05.2019 issued on 23.05.2019, but as a matter of fact, it was transferred to his account on 01.07.2019 and therefore, after his retirement this amount was kept by the department for a period of about 20 months. 12. It is further submitted that as per the statement of General Provident Fund (GPF) account for the years of 2016-2017 (Annexure P-7), he was having Rs. 5,58,089/- in his PF account and as per statements of years 2017-18 this amount has arisen to about 5,83,000/- and as per statement of balance of the year 2017-18, the amount was shown Rs. 6,28,177/- upto the month of May 2017, but finally he has been paid in July 2019 only an amount of Rs. 6,09,683/- only. It is contended that therefore, without any justification, amount of Rs. 18,000/- approximately out of his GPF was wrongly deducted and withheld by the respondents. 13. It is further submitted that it is the duty of the employer to complete / update the service of its employee. In the end of 2018, the service book of the petitioner was not complete, and all the retiral benefits was withheld. Petitioner served a representation dated 11.01.2019 (Annexure P-9), requesting the Sub- divisional officer Jagadhri to complete his service book as the service book of the petitioner from 13.05.1996 to 31.05.1996 and 01.4.2000 to 18.09.2011. NEELAM KUMARI 2026.08.19 12:56 I attest to the accuracy and integrity of this document CNR No: PHHC010708272023 [5] 2026:PHHC:114265 14. It is submitted that petitioner’s GPF payable on retirement was not paid to him and as a matter of fact as per statement of GPF Rs 5,59,089/- were shown in the year of 2016-17 and finally it was shown as Rs. 6,28,177/- upto the month of May 2017 but he was paid only Rs. 6,09,683 in July 2019. Therefore, it is clear that no interest was paid to him after the month of May, 2017 till payment made in July 2019 on the ground that grant of interest is stopped just after retirement. 15. It is accordingly prayed that the present writ petition be allowed; and the impugned order dated 19.01.2023 (Annexure P-6) be quashed; and a writ of mandamus be issued directing the respondents to grant him amount of commutation of pension and to direct the respondents to refund TDS amount deducted from his retiral benefits and other payments and further to direct to pay interest 18% per annum from due date of payments to till the date of actual payments. 16. Per contra, learned State counsel has opposed submissions of the petitioner and contended that entire amounts payable to the petitioner already stand released to him and nothing is due to the petitioner, as per the details given in the written statement. Accordingly, prays for dismissal of the present writ petition. 17. No other argument is made on behalf of learned counsel for the parties. I have heard ld. counsel and perused the case file and record in detail. I find no merit in the submissions advanced on behalf of the petitioner. 18. Petitioner had retired on 31.10.2017. Grievance of the petitioner is that delayed payment of GPF was made to the petitioner on 01.07.2019; Leave Encashment on 26.06.2019; Gratuity on 28.05.2019; and arrears of pension on NEELAM KUMARI 2026.08.19 12:56 I attest to the accuracy and integrity of this document CNR No: PHHC010708272023 [6] 2026:PHHC:114265 02.07.2019 were released to the petitioner. Therefore, petitioner is entitled to interest upon the said delayed payment. 19. However, it is the clear case of the respondents, as stated in para 5 of the Preliminary Objections made in the Written Statement dated 23.05.2023 filed on behalf of respondents No. 1 to 3, which reads as follows:- “5. That the petitioner retired from the Government service on attaining the age of 58 years vide order No 2406-09/SK dated 30.10.2017 passed by Deputy Commissioner Yamuna Nagar. The pension case of the petitioner was sent to accountant General Haryana by Sub-Divisional officer (Civil) Radaur, District Yamuna Nagar. On receiving the order of releasing the pension, benefits of GPF and other benefits were released to the petitioner. No TDS was deducted from the retrial benefits paid to the employee. An Amount of a sum of Rs 6,09,683/- was released to the petitioner on 01.07.2019 on account of GPF. A sum of Rs 6,73,500/- was paid to the petitioner on 26.6.2019 for leave encashment. A sum of Rs 31,740/- was paid on 10.7.2022 on account of GIS. All the benefits including pension has already been paid to the petitioner and nothing remains due towards the State of Haryana which is to be paid to the petitioner. The commutation of pension, gratuity and GPF case sent to Accountant General (A&E) Haryana vide letter no 206/BC dated 01.05.2019. The petitioner filed a CWP No 19854 of 2021 before the Hon'ble High Court of Punjab and Haryana at Chandigarh on 20.07.2020 and the same was decided on 30.09.2021 with the directions given Commissioner Yamuna Nagar to pass a speaking order after hearing the petitioner. Thereafter the petitioner was heard and after hearing the petitioner the Deputy Commissioner Yamuna Nagar passed the speaking order on 19.01.2023 in presence of the petitioner. The Deputy Commissioner Yamuna Nagar held NEELAM KUMARI 2026.08.19 12:56 I attest to the accuracy and integrity of this document CNR No: PHHC010708272023 [7] 2026:PHHC:114265 that all retrial benefits have already been paid to the petitioner before filing of CWP No 19854 of 2021. Therefore the petitioner is not entitled for any relief as prayed by him. True Copy of order dated 19-01-2023 passed by Deputy Commissioner Yamuna-Nagar is annexed herewith as Annexure R-6.” 20. Petitioner has not filed any replication to controvert the above submissions. It is evident from the above and it is also understandable that given the chequered history of the career of the petitioner, some delay is bound to occur in the submission of papers and processing of the same. 21. It has also been categorically stated by the respondents that all retiral benefits already stand paid to the petitioner before filing of CWP-19854- 2021. No replication has been filed by the petitioner to demonstrate that the abovesaid statement of the respondents is incorrect. As such, it is clear that no payment is due towards the petitioner; and that the delay, if any, has occurred due to procedural processing of the case of the petitioner. 22. Dismissed. 23. Pending application(s), if any, also stands disposed of. ( NIDHI GUPTA ) JUDGE 18.08.2026 Neelam Whether speaking / reasoned : Yes / No Whether Reportable : Yes / No NEELAM KUMARI 2026.08.19 12:56 I attest to the accuracy and integrity of this document