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CWP-29818-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

234

CWP-29818-2022

Date of Decision: January 29, 2026

Kashmir Singh

.....Petitioner

VERSUS

Managing Director, PRTC, Patiala and another

..Respondents

CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present : Mr. Jagjit Singh, Advocate for the petitioner.

Mr. Anupam Singla, Advocate for respondent No.1.

Mr. Ajay Singla, Advocate for respondent No.2.

HARPREET SINGH BRAR, J. (Oral)

1. The present writ petition has been filed under Article 226/227

of the Constitution of India for issuance of an appropriate writ or order in

the nature of mandamus directing the respondents to release the pension of

the petitioner.

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

petitioner joined the service of respondent No.1 as an Assistant Tyreman on

17.07.1979. Thereafter, a false case was registered against him under

Section 15 of the NDPS Act on 02.10.2007. Ultimately, the petitioner was

acquitted by the learned Trial Court. Aggrieved by the disciplinary action,

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including his dismissal from service, the petitioner filed CWP No.17187 of

2013, titled as Kashmir Singh Versus Pepsu Roadways Transport

Corporation and others, decided on 15.10.2018 (Annexure P-1). Vide order

dated 15.10.2018 (Annexure P-1), this Hon’ble Court allowed the said writ

petition and directed the respondents to reinstate the petitioner in service

with continuity of service; however, the petitioner was held not entitled to

back wages for the period he remained out of service. During the pendency

of the said writ petition, the petitioner superannuated on 30.01.2015.

Learned counsel further submits that despite submission of the requisite

application, the pensionary benefits of the petitioner have not been released

by respondent No.1. Consequently, the petitioner served a legal notice dated

13.02.2022 (Annexure P-2), followed by a reminder dated 01.08.2022

(Annexure P-4), seeking release of his pension. The objection raised by

respondent No.2 pertains to the alleged non-submission of relevant service

details of the petitioner by respondent No.1 for the period from 19.03.2009

to 30.01.2015.

3. Learned counsel for respondent No.2 submits that the date of

joining of the petitioner is 01.09.1980 and that as and when the complete

claim in Form-10D is submitted through respondent No.1 along with the

requisite details for release of admissible retiral benefits, the same shall be

processed expeditiously in accordance with the applicable statutory

provisions.

4. On the other hand, learned counsel for respondent No.1 submits

that respondent No.1 has already communicated with respondent No.2 vide

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letter dated 19.01.2026, informing them that no deduction towards provident

fund was made from the salary of the petitioner as he remained out of

service due to his removal. It is further submitted that during the pendency

of CWP No.17187 of 2013, the petitioner superannuated on 30.01.2015 and

that this Court, vide order dated 15.10.2018, did not grant back wages for

the period during which the petitioner remained out of service. As such, no

further information is required by respondent No.2 for processing the

petitioner’s claim.

5. During the course of arguments, learned counsel for respondent

No.1 supplied a copy of the letter/communication dated 19.01.2026 to the

learned counsel for respondent No.2 in Court itself. Upon this, learned

counsel for respondent No.2 submits that on the basis of the said

communication received from respondent No.1, as well as in view of the

order passed by this Court in CWP No.17187 of 2013, the case of the

petitioner for release of pension shall be processed within a period of six

weeks.

6. In view of the stand taken by the respective parties, the present

writ petition is disposed of with a direction to respondent No.2 to consider

the aforesaid communication as well as the order passed