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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Rajender Kumar – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. Prayer in this writ 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 pension as well as other consequential benefits like provident fund, gratuity and leave encashment to the petitioner along with interest from the date the same became due till its actual payment. Further prayer has been made to direct respondents No.4 and 5 to implement and comply with the Notification dated 28.06.2024 (Annexure P-7) issued by respondent No.3 in consultation with respondent No.2 and extend the consequential pensionary and retiral benefits to the petitioner in accordance therewith.
2. Learned counsel for the petitioner, inter alia, contends that the petitioner was initially appointed in the year 1983. His services were regularized in the year 1987. The petitioner was, thereafter, removed from service vide order dated 26.09.2013 pursuant to a charge-sheet dated 05.03.2013. Learned counsel for the petitioner further submits that the petitioner had challenged the said removal order by filing CWP- 14019-2015 before this Court, however, the said writ petiti
An employee removed from service is entitled to pension and terminal benefits if eligible under the rules, despite conflicting provisions in the Bipartite Settlement.
Disciplinary removal does not forfeit pension entitlement due to regulatory amendments; dual punishment is against principles of fairness.
Pension is a property right protected under Article 300-A of the Constitution; unauthorized withholding is unlawful and must be redressed by authorities.
Exercise jurisdiction under Article 226 of Constitution of India, as far as justiciability of order of penalty is concerned - Order of penalty so confirmed by appellate authority and prayers made in ....
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