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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Kanwaljit Singh – Appellant
Versus
Shiromani Gurudwara Parbhandhak Committee – Respondent
| Table of Content |
|---|
| 1. common judgment for multiple writ petitions. (Para 1 , 2 , 3) |
| 2. arguments from both parties regarding maintainability and employment rules. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. analysis of maintainability and compliance with service rules. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. conclusion on the maintainability of the writ petition. (Para 22) |
| 5. final dismissal of the petitions. (Para 23 , 24 , 25) |
JUDGMENT :
HARPREET SINGH BRAR, J.
1. This common judgment shall dispose of all the above-mentioned writ petitions as they arise from a similar factual matrix. However, for the sake of brevity, the facts are taken from CWP-1301-2022.
2. The present petition is preferred under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of certiorari for quashing of speaking order dated 15.11.2021 (Annexure P-6). A further prayer is made for the issuance of a writ in the nature of mandamus directing the respondent to release the retiral benefits accrued to the petitioner, including leave encashment, gratuity, provident fund, w.e.f. the date of his superannuation i.e. 31.05.2020, with an interest at the rate of 18% p.a.
FACTUAL B
The SGPC's Service Rules are statutory, making writ petitions against it maintainable; benefits can be withheld pending inquiry only if procedural compliance ensures no prejudice occurs.
Writ jurisdiction under Article 226 is not maintainable against a society for service-related disputes where the service conditions are not governed by statutory rules and the relationship is purely ....
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