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CWP-6277-2026 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

117

CWP-6277-2026 (O&M)

Date of decision: 27.02.2026

Amarjit Sharma and others

....Petitioners

Versus

Punjab State Power Corporation Limited and others

....Respondents

CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present: Mr. Anish Batra, Advocate

for the petitioners.

Ms. Gurneet Sagoo, Advocate

for respondents No.1 and 3.

Mr. Vikas Arora, DAG, Punjab

for respondent No.2.

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 the respondents not to apply the impugned circular

dated 29.07.2003 to the petitioners (Annexure P-2) and further direct the

respondents to re-calculate the commuted value of pension as per the

original table and to make payment of excess amount in light of the

judgment dated 23.12.2025 (Annexure P-5).

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

the petitioners, who are retired employees of PSPCL and had retired

between 29.07.2003 and 31.10.2006, are being subjected to

discrimination in the matter of commutation of pension. The State of

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Punjab, vide circular dated 21.07.1998 (Annexure P-1), had permitted

the employees retiring on or after 01.01.1996 to commute 40% of their

basic pension on the basis of a specified commutation table. Thereafter,

a subsequent circular dated 29.07.2003 (Annexure P-2) introduced a

revised table with an enhanced rate of interest @ 8% per annum, which

substantially reduced the lump-sum commuted value payable to retirees

by nearly 40%. Though the Government of Punjab, later restored the

earlier beneficial table vide circular dated 31.10.2006 (Annexure P-3),

the benefit thereof was confined only to those retiring after 31.10.2006,

thereby arbitrarily excluding the petitioners who retired during the

intervening period without any rational basis. He further submits that

similarly situated retirees approached this Court in CWP-15554-2007

titled as Gian Chand and others vs. State of Punjab and others, which

was decided on 23.12.2025 (Annexure P-5), wherein this Court has

categorically held that the circular dated 29.07.2003 would not apply to

the petitioners therein and directed re-calculation of their commuted

pension in terms of the original table. Despite the petitioners having

served a legal notice dated 16.01.2026 (Annexure P-6) claiming parity

with the said judgment, no favourable response has been received.

3. Per contra, learned State counsel as well as learned counsel

for respondents No.1 and 3, opposes the prayer made by the petitioners

on the ground that the cause of action had arisen with the issuance of

circular dated 31.10.2006 (Annexure P-3). The petitioners’ claim cannot

be considered at this belated stage and the petitioners are fence-sitters.

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CWP-6277-2026 3

The petitioners remained silent for several years. The petitioners in

Gian Chand's case (supra) were diligent enough to approach this Court

well in time in the year 2007 whereas the present petitioners slept over

their rights and have filed the present petition only when a favourable

order was passed in favour of other co-employees.

4. Having heard the learned counsel for the parties and after

perusing the record of this case, this Court finds no substance in the

arguments raised by the learned counsel for the petitioners.

5. It is a well-settled principle of law that the extraordinary

jurisdiction of this Court under Article 226 of the Constitution of India

is discretionary and cannot be invoked by those who sleep over their

rights. In the present case, the petitioners approached this Court after a

delay of more than 18 years and remained silent for several years while

similarly situated employees diligently asserted their rights and obtained

relief. A mere filing of a legal notice on 16.01.2026 (Annexure P-6) or

the s