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CWP-2153-2026 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

125

CWP-2153-2026 (O&M)

Date of decision: 28.01.2026

Gurmukh Singh

....Petitioner

Versus

State of Punjab and others

....Respondents

CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present: Mr. Nikhil Anand, Advocate for the petitioner.

Mr. Vikas Arora, DAG, Punjab.

HARPREET SINGH BRAR J. (Oral)

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 respondents No.6 and 7 to pay undisputed amount

of Rs.13,29,891/- to the petitioner due on account of arrears of salary,

leave encashment and gratuity as admitted by the respondents vide order

ated 17.12.2021 (Annexure P-4) in a time-bound manner along with

interest @ 12% per annum from the date the said amount fell due till its

realization.

2. Learned counsel for the petitioner, inter alia, contends that

the petitioner served respondent No.6/Society honestly and continuously

from 19.11.1980 to 31.03.2018 for more than 37 years, but he was not

paid salary for about 16 months during the service and even after

retirement, his lawful dues of gratuity and leave encashment were

withheld. The petitioner made a representation dated 03.01.2020

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(Annexure P-1) and also sent a legal notice dated 26.07.2021 (Annexure

P-2), but no action was taken and thereafter, he filed CWP-22867-2021,

which was decided by this Court on 11.11.2021 (Annexure P-3) with a

direction to the authorities to decide his claim. In purported compliance,

the Assistant Registrar passed an order dated 17.12.2021 (Annexure P-

4) clearly admitting that an amount of Rs.13,29,891/- was payable to the

petitioner towards unpaid salary, gratuity and leave encashment and the

Society also agreed to make the payment in installments. However,

despite this admission, the amount was not released, which prompted

the petitioner to file COCP-461-2022, which was disposed of on

14.07.2022 (Annexure P-5) by observing that the Society was liable to

make the payment. Learned counsel for the petitioner further submits

that even after more than four years and despite repeated litigation, the

admitted amount has not been paid, causing serious financial hardship

to the petitioner. He further contends that similar relief has already been

granted by this Court in CWP-21600-2024 and CWP-39026-2025,

whereby it has been directed that the respondent/Society shall pay the

pending amount in monthly installments within a span of one year from

the date of receipt of certified copy of the order.

3. Learned counsel for the petitioner further submits that

during the pendency of the proceedings, respondent No.6/Society has

released a sum of Rs.4,54,850/- to the petitioner, out of the total

admitted amount of Rs.13,29,891/- and as on date, a balance amount of

Rs.8,75,041/- remains outstanding against the respondent/Society. He,

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therefore, fairly restricts his prayer and seeks a direction only for

recalculation, if required, and disbursement of the remaining admitted

amount of Rs.8,75,041/- by respondent No.6/Society to the petitioner in

reasonable monthly installments within a stipulated period of one year.

4. Per contra, learned State counsel submits that there is no

serious dispute with regard to the factual position as noticed above and

he fairly submits that the respondent/State has no objection in case

appropriate directions are issued to respondent No.6/Society for

payment of the admitted outstanding amount to the petitioner, in

accordance with law.

5. I have heard learned counsel for the parties and perused the

record with their able assistance.

6. In view of the above facts and circumstances and

considering the fact that the liability of respondent No.6/Society stands

admitted vide order dated 17.12.2021 (Annexure P-4), the present writ

petition is disposed of with a direction to respondent No.6/Soci