IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-3008-2026 (O&M)

Date of decision: 03.02.2026 Parvinder Singh ... Petitioner Vs.

State of Punjab and others ... Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Parambir Singh, Advocate and Ms. Neha Randhawa, Advocate for the petitioner.

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HARPREET SINGH BRAR, J.

1. Present civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari seeking quashing of the order dated 03.09.2025 (Annexure P-10) passed by respondent No.2, vide which claim for payment of interest on the delayed payment of retiral benefits has been rejected and further to issue a writ in the nature of mandamus directing respondent No.3 to pay interest on the delayed payment of arrears of pension, which was due from 01.04.2023 to 31.01.2024 and was paid on 12.03.2024, on late payment of leave encashment, due on 01.04.2023 and was paid on 26.02.2024, also on the arrears of pay, as a result of implementation of recommendations of 6^th Pay Commission and on the delayed payment of other retiral benefits, which were due to be paid on

01.04.2023 along with interest @18%.

2. Learned counsel for the petitioner, inter alia, contends that the petitioner joined the respondent-Board on 20.08.1990 as Junior Engineer (Public Health) and in the year 2007, he was granted ad hoc promotion to the post of Sub Divisional Officer. Thereafter, the petitioner filed a writ petition i.e. CWP-22792-2011 before this Court, which was disposed of vide order dated 12.10.2018 and in compliance thereof, he was granted notional promotion to the post of Sub Divisional Officer w.e.f. 2008. The petitioner was further promoted to the post of Executive Engineer on 30.08.2019 and on attaining the age of superannuation, he retired from the said post on 31.03.2023. Further, a complaint bearing No.306/22 was filed by Hot Mix Plant Association, which was investigated by the Vigilance Bureau and was ordered to be filed, as confirmed by RTI replies dated 24.02.2023 and 06.02.2023 (Annexures P-1 & P-2 respectively). Despite that, retiral dues of the petitioner were withheld and ‘No Dues Certificate’ (Annexure P-3) was issued on 22.06.2023 after three months of his retirement. The petitioner submitted the representations dated 08.02.2024 (Annexures P-4 & P-5) and after that, partial payments i.e. leave encashment and provisional pension, were released in the months of February-March, 2024 nearly one year after his retirement.

3. Further, the petitioner also approached this Court by way of filing CWP-14283-2025 before this Court, which was disposed of vide order dated 19.05.2025 (Annexure P-7) with a direction to respondent No.3 therein to decide the representation dated 08.02.2024. In purported compliance of the order dated 19.05.2025 (Annexure P-7), respondent No.2, by passing the speaking order dated 03.09.2025 (Annexure P-10), which is impugned in the present petition, rejected claim of the petitioner for interest on the delayed payment on the ground of pendency of a complaint against him. Thereafter, the petitioner preferred a contempt petition i.e. COCP-4497-2025 and the same was disposed of vide order dated 13.01.2026 (Annexure P-9) granting liberty to challenge the speaking order (Annexure P-10). Learned counsel for the petitioner relies upon the judgments rendered by this Court in CWP-1799-2022 titled as Anil Kumar Aggarwal Vs. State of Haryana and others, decided on 17.10.2022 and CWP-16116-2020 titled as Darbara Singh Vs. State of Punjab and others, decided on 09.09.2025, wherein the identical controversy regarding pendency of vigilance inquiry and entitlement of the petitioner therein to the interest on the delayed payment of retiral dues was considered and it was held that without their being any valid impediment, retiral dues cannot be withheld.

4. Having heard learned counsel for the petitioner and after perusal of record of the case file with