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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Kulwant Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. petitioner seeks pension benefits. (Para 1 , 2) |
| 2. state's responsibility for action. (Para 3) |
| 3. lack of justification for withholding retirement benefits. (Para 4 , 5) |
| 4. pension as a right, not a bounty. (Para 6 , 7) |
| 5. right to a dignified life includes timely pension. (Para 8 , 9) |
| 6. withholding pension violates right to life. (Para 10) |
| 7. order to release withheld pension and pay costs. (Para 11 , 12) |
JUDGMENT :
HARPREET SINGH BRAR, J.
1. The present civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the impugned orders issued vide letters dated 29.05.2025 and 17.06.2025 (Annexure P-5 & P-6, respectively) passed by respondent No.2.
2. Learned counsel for the petitioner is mainly aggrieved by the action of the respondents in failing to fix the pension of the petitioner and to release the retiral dues thereof despite a lapse of period of ten years since his superannuation on 31.03.2024. Further still, the petitioner is equally aggrieved by impugned order dated 29.05.2025 passed by respondent No.2 thereby again directing the petitioner to approach respondent No.3 for the
Pension is a vested right for services rendered, not a discretionary benefit; unjustified delays in disbursement violate fundamental rights, thereby mandating timely release of such dues.
Pension rights are vested and cannot be arbitrarily denied; disciplinary actions post-retirement must adhere to statutory limits prohibiting proceedings for incidents beyond four years.
Pensionary benefits are a fundamental right and cannot be withheld due to pending investigations without statutory backing, affirming they cannot be treated as discretionary payments.
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