IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

205 CWP-9982-2018 Date of Decision: August 22, 2025 Baljeet Singh .....Petitioner VERSUS State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present : Mr. Samrath Sagar, Advocate for the petitioner.

Mr. Vikas Arora, DAG Punjab-State.

Mr. Sanjeev Soni, Advocate and Mr. Sarthak, Advocate for respondents No.3 and 4.

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HARPREET SINGH BRAR, J. (Oral)

1. The present writ petition has been filed under Article 226/227 of the Constitution of India with a prayer for issuance of an appropriate writ or order in the nature of certiorari for quashing the orders dated 21.09.2017, 25.10.2017 and 18.12.2017 (Annexure P-1 to P-3) passed by respondent No.4, wherein the annual increment has been declined and petitioner’s probation period was not cleared retrospectively. Further prayed for issuance of a writ in the nature of mandamus directing respondents No.3 and 4 to release the arrears of all annual increments which were stopped with future effect and further directing the respondents to re-fix the pay from the year 1998 and notional benefits w.e.f 17.09.1998 to 01.02.2001 in terms of directions issued by this Court in CWP-16356-1998 vide order dated 29.11.2000 (Annexure P-4). The petitioner also prays for the issuance of a writ in the nature of mandamus directing the respondent No.3 and 4 to clear all the arrears of pension benefits along with re-fixation of pension from the date of retirement of the petitioner.

CONTENTIONS

2. Learned counsel for the petitioner contends that petitioner was appointed as clerk in the respondent-Board on 14.02.1992. Since the petitioner was passed over for promotion to the post of Senior Assistant, he moved this Court vide CWP no. 16356-1998. The said petition was decided in favour of the petitioner vide order dated 29.11.2000 (Annexure P-4) and the petitioner was promoted to the post of Senior Assistant w.e.f. 17.09.1998. However, as per the order of this Court, petitioner was to be given only notional benefits regarding pay fixation and seniority from 1998 till 2001. Ultimately, vide order dated 11.09.2014 (Annexure P-5) passed by Respondent no. 3, the petitioner was imposed with the penalty of pre-mature retirement from the service of Punjab Mandi Board. The petitioner challenged the said order by filing CWP-16269-2017 which was dismissed by this Court on 26.09.2017 (Annexure P-8). Since the petitioner did not wish to litigate the matter further, he did not challenge the order dated 26.09.2017 and the same attained finality. The petitioner wrote representations dated 12.10.2017 (Annexure P-9), 21.11.2017 and 27.11.2017 to the Respondent no. 4 in order to release all annual increments which had been stopped without future effect along with fixation of pay from the year 1998, and also notional benefits as per the directions of this Court in CWP no. 16356-1998. However, the respondent no. 4 vide orders dated 25.10.2017 (Annexure P-2) and 18.12.2017 (Annexure P-3) denied the petitioner his annual increments.

3. Learned counsel for the petitioner submits that the impugned orders seek to impose an additional penalty on the petitioner in the shape of stoppage of all annual increments for an offence or irregularity for which he has already been punished by way of compulsory retirement. Any further punishment is unconstitutional and requires a fresh enquiry, which was not conducted in the present case. The learned counsel contends that the petitioner was not afforded any opportunity of hearing and therefore, the impugned orders are in violation of the principle of natural justice.

4. On the other hand, learned counsel for the respondent-Board submits that the present writ petition is being filed by the petitioner on the same grounds which have been taken in the earlier petitions. Further, he refers to order passed by this Court on 26.09.2017 (Annexure P-8), wherein it has been noticed that the petitioner was awarded various punishment