IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR J.
Samarjit Singh - Petitioner
Versus
State of Punjab and others - Respondent
CWP-1422, 1443, 6003, 5392 Of 2026
Decided On : 05-03-2026
JUDGMENT :
HARPREET SINGH BRAR J.
1. This common order shall dispose of all the aforementioned four writ petitions filed under Articles 226/227 of the Constitution of India, three of which i.e. CWP No.1422 of 2026, CWP No.6003 of 2026 and CWP No.1443 of 2026, have been filed by retired employees of various Co-operative Societies in the State of Punjab, seeking the release of their retiral benefits along with interest for the delayed payment. However, CWP No.5392 of 2026 has been filed by a Co- operative Society itself i.e. The Bir Rau Ke Multipurpose Co-operative Agriculture Service Society, challenging the action of the respondent/authorities in coercing it to release the retiral benefits of its former Secretary, against whom recovery proceedings are pending. The prayers in each of these petitions are as follows:-
1. CWP No. 1422 of 2026
The petitioner seeks the issuance of a writ in the nature of mandamus directing the respondents to:-
a) Release the balance admitted retiral dues, being part of his gratuity and leave encashment as the same has been unlawfully withheld.
b) Pay interest on the delayed payment of his retiral dues @ 18% per annum, from the date the amount became due i.e., 31.01.2020, till the date of actual payment.
2. CWP No. 1443 of 2026 The petitioner seeks:
a) Issuance of a writ in the nature of mandamus directing respondent No.3 to grant interest on the admittedly delayed payment of his retiral benefits.
b) Issuance of a writ in the nature of certiorari for quashing of the inquiry report dated 25.04.2023 (Annexure P-5), whereby his claim for interest was rejected.
3. CWP No. 6003 of 2026
The petitioner seeks the issuance of a writ in the nature of mandamus directing the respondents to release his retiral benefits, i.e. the balance amount of Gratuity, Leave Encashment, Provident Fund as well as pending salary, along with interest on the delayed payment @ 18% per annum from the date of its accrual till actual realization.
4. CWP No. 5392 of 2026
This petition has been filed by The Bir Rau Ke Multi-Purpose Co-operative Agriculture Service Society Limited, seeking the following reliefs:
a) Issuance of a writ in the nature of certiorari for setting- aside the Show Cause Notice dated 24.12.2025 (Annexure P-7) issued by the office of respondent No.5 (Assistant Registrar, Co-operative Societies, Nihal Singh Wala, Moga), vide which the petitioner/Society was directed to release the retiral benefits of respondent No.6/Gurjant Singh.
b) Issuance of a writ in the nature of mandamus directing respondents No.1 to 5 to not to compel the petitioner/Society to release the benefits of respondent No.6.
CONTENTIONS
1. CWP No. 1422 of 2026
2. Learned counsel for the petitioner (in CWP No.1422 of 2026) has, inter alia, contended that the petitioner, retired as Secretary of The Swaich Kamalu Multipurpose Co-operative Agriculture Service Society Ltd., District Bathinda, on 31.01.2020, after rendering more than four decades of unblemished service. His service conditions were governed by the Punjab State Co-operative Agricultural Service Societies Service Rules, 1997 (hereinafter referred to as “the 1997 Service Rules”), under which he was entitled to gratuity and leave encashment at par with the employees of the Government of Punjab.
3. Upon retirement, his retiral benefits were duly assessed through a pre-audit conducted on 05.02.2020 (Annexure P-5 in CWP No. 1422 of 2026), and a total sum of Rs. 11,95,156/- was found payable towards gratuity and leave encashment. This entitlement was repeatedly acknowledged by the respondents in audited balance sheets, official records etc. However, the respondent-Society released only Rs. 3.50 lakhs on 11.06.2020 and Rs. 1.30 lakhs on 17.12.2020, totaling Rs. 4.80 lakhs, leaving a substantial balance unpaid. The petitioner made repeated representations and served legal notices (Annexure P-6) for the release of the balance amount, which yielded no effective result.
4. Learned counsel for the petitioner further submi
The central legal point established in the judgment is that the Maharashtra State Public Services (Reservation for Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Trib....
Employment and Service - Misconduct - Discharge from service - Claiming Retiral Benefits - Society failed to perform its statutory duty by not releasing retiral benefits to appellant.
Consent to recover dues from retirement benefits cannot override statutory protections against such recovery under public policy.
Writ jurisdiction does not extend to enforcing cooperative society bye laws, which lack the force of law and are treated as private contractual obligations.
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