IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.

Date of Decision: 11.03.2026.

Anil Kumar Aggarwal ....Petitioner.

VERSUS Punjab State Power Corporation Limited and another ....Respondents.

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CORAM : HON'BLE MR. JUSTICE HARPREET SINGH BRAR ---

Present: Mr. Inderjit Sharma, Advocate and Ms. Khusboo, Advocate for the petitioner.

Mr. Harsh Suhalia, Advocate for respondent-PSPCL.

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HARPREET SINGH BRAR, J.

1. The present petition has been preferred under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of Certiorari for quashing of impugned memos dated 27.08.2025 (Annexure P-9) and dated 29.09.2025 (Annexure P-12) issued by respondent No.2-Additional Superintendent Engineer, Distribution Division, PSPCL, Gurdaspur, whereby arrears of revised pay/ pension/family pension, leave encashment from 01.01.2016 to 30.06.2021 has been withheld from the petitioner. Further, a writ of Mandamus is sought directing the respondents to release the arrears of pension amounting to Rs.5,77,386/- and any other amount accrued to the petitioner in terms of circular dated 03.04.2025 (Annexure P-7) to him, with an interest at the rate of 12% per annum.

CONTENTIONS

2. Learned counsel for the petitioner inter alia contends that the petitioner was serving as Superintendent Engineer with the respondent- Corporation and attained the age of superannuation in the year 2004. On the eve of his retirement, no departmental inquiry was pending against him, as such, he was granted all his retiral benefits without making any reduction. However, the petitioner received a memos dated 14.08.2024 and 21.10.2024 regarding re-fixation of his pension. The same were ultimately set aside vide order dated 18.11.2025 (Annexure P-5) by this Court in CWP-30677-2024. Learned counsel further submits that the Government of Punjab has issued instructions dated 18.02.2025 (Annexure P-6) directing all heads of departments of the state to release the arrears of pay/pension/family pension, leave encashment for pensioners in the age band 75- 85 years for the period from 01.01.2016 to 30.06.2021, in 12 equal monthly installments, commencing from the month of April, 2025. The said instructions were also adopted by the respondent-Corporation vide circular no.3/2025 (Annexure P-7). Since the petitioner retired in the year 2004 and is 79 years old, he is entitled to the benefit of circular no.3/2025 (Annexure P-7) as well.

3. He further submits that the petitioner sent a detailed representation dated 16.06.2025 to the respondent-Corporation requesting to release the arrears of pension for five and half years, as stipulated in the circular (Annexure P-7). However, instead of releasing the arrears to the petitioner, the respondents issued impugned memo dated 27.08.2025 (Annexure P-9) stating that the petitioner has received an excess salary/

pension amount of Rs.5,96,758/- already and thus, is not entitled to the arrears of correct pension i.e. Rs.5,77,386/-. The petitioner submitted a detailed reply and a reminder regarding the same but instead of appreciating the same, respondent No.2 issued impugned memo dated 29.09.2025 (Annexure P-12) reiterating that he is not entitled to arrears as he has already received an excess of Rs.5,96,158/- from the respondent-Corporation due to wrong fixation of pension. Aggrieved by the impugned memos (Annexures P-9 and P-12), the petitioner filed COCP-5259-2025 but the same was dismissed as withdrawn with liberty file a fresh petition with better particulars vide order dated 27.11.2025 (Annexure P-13). Thereafter, COCP-6329-2025 was filed however; the same was also dismissed as withdrawn with the liberty to avail other remedies, vide order dated 24.12.2025.

4. Learned counsel contends that this Court vide order dated 18.11.2025 (Annexure P-5) had set aside the memos issued by the respondents (Annexures P-1 and P-3) for re-fixation of his pay/pension. In fact, it was made clear that no recovery shall be effected from the petitioner;