JUDGMENT : 

NAMIT KUMAR, J.

1. Instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India for issuance of a writ of certiorari for quashing the order dated 09.07.2025 (Annexure P-7), passed by respondent No.3, whereby two increments stopped, vide order dated 21.11.2008, in charge-sheet No.4035/TA dated 24.12.2007 (Annexure P-1) have not been restored on 01.12.2010 on the ground that the petitioner had retired from service on 31.05.2010 and the effect of punishment was to remain in effect till 01.12.2010. Further prayer has been made for directing the respondents to restore the two increments with effect from 01.12.2010 and release all the service benefits due on account of restoration of increments, along with interest from the date they fell due till the date actual payment is made and fix the pension of the petitioner accordingly.

2. Brief facts of the case, as pleaded in the petition, are that the petitioner was employed as a Conductor with the respondent-department and retired on 31.05.2010. While in service, petitioner was issued charge-sheets dated 22.08.2001 and 24.12.2007. Inquiry proceedings were held in both the cases and the petitioner was held guilty. In charge-sheet dated 22.08.2001, petitioner was awarded punishment of stoppage of two annual grade increments for one year vide order dated 14.12.2006, and in charge-sheet dated 24.12.2007, petitioner was awarded punishment of stoppage of two annual grade increments for two years vide order dated 21.11.2008. The currency of punishment in charge-sheet dated 22.08.2001 came to end on 29.12.2007 i.e. after one year of order of punishment and the currency of punishment in charge-sheet dated 24.12.2007 came to end on 01.12.2010 i.e. after two years of order of punishment. After the currency of punishment came to an end, the petitioner became entitled to the restoration of the annual grade increments withheld during the period of punishment. The petitioner retired from service on 31.05.2010, however, the said increments were not restored, as a result of which the petitioner continued to suffer financial loss on account of non-restoration of four annual grade increments. Consequently, the petitioner submitted a representation dated 05.12.2023 (Annexure P-2) to respondent no.2- Director, Department of Transport, Punjab, seeking restoration of the withheld increments. Since no action was taken thereon, the petitioner submitted another representation dated 05.07.2024 (Annexure P-3) to respondent No.1, which also did not yield any result. Left with no alternative remedy, the petitioner approached this Court by filing CWP-549 of 2025 - Harbans Lal v. The State of Punjab and another, which was disposed of, vide order dated 14.01.2025 (Annexure P-5), with a direction to the respondents to decide the representation of the petitioner, within a period of four months. In compliance thereof, respondent no.3, passed the impugned order dated 09.07.2025 (Annexure P-7), holding that two annual grade increments which had been stopped for a period of one year vide order dated 14.12.2006 in charge-sheet dated 22.08.2001, stood restored during the petitioner's service. However, the claim of the petitioner with respect to restoration of the remaining two annual grade increments withheld in charge-sheet dated 24.12.2007, was rejected on the ground that the petitioner had already retired from service on 31.05.2010. Hence, the present writ petition.

3. Learned counsel for the petitioner contended that the respondents have acted in arbitrary and discriminatory manner in rejecting the claim of the petitioner for restoration of two annual grade increments stopped in charge-sheet dated 24.12.2007. He further contended that currency of punishment came to end on 01.12.2010, therefore, petitioner is entitled for restoration of his two annual grade increments w.e.f. 01.12.2010. He further submits that action of the respondents in denying restoration of two remaining