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2025 Supreme(Online)(P&H) 18327

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
IQBALJIT SINGH – Appellant
Versus
STATE OF PUNJAB AND ANOTHER – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:27.10.2025 Iqbaljit Singh …Petitioner Vs.

State of Punjab and Anr. …Respondents Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Nakul Sharma, Advocate for the petitioner.

***

N.S.Shekhawat J. (Oral)

1. The petitioner has filed the present writ petition under Article

226/227 of the Constitution of India by making the following prayers:-

For issuance of an appropriate writ, order, or direction in the nature of Mandamus, directing the respondents to forthwith release all the retiral and pensionary benefits lawfully due to the petitioner, including but not limited to gratuity, leave encashment, General Provident Fund (GPF), commuted value of pension, and all consequential arrears of regular pension, along with interest thereon, as despite having retired on 31.12.2022 and despite lapse of nearly three years as well as submission of repeated representations and a legal notice, the Respondents have failed to release the aforesaid retiral dues. The Petitioner has been paid only 70% of provisional pension, while the regular pension and other admissible benefits continue to remain unjustifiably withheld, without any lawful authority or justification, thereby causing grave financial hardship and violation of the petitioner's constitutional and statutory rights;

Further, for issuance of a writ in the nature of Mandamus,

directing the respondents to grant the Petitioner the benefit of

higher pay scales under the Assured Career Progression (ACP) Scheme introduced vide Government policy dated 03.11.2006, upon completion of 4, 9, and 14 years of regular and continuous service in the same cadre, with effect from the respective dates of his eligibility. The Petitioner, having rendered the requisite qualifying service as Block Development and Panchayat Officer, is lawfully entitled to such financial upgradation in terms of the said policy. However, despite repeated representations and service of legal notice dated 29.08.2025, the respondents have failed to grant the admissible ACP benefits or release the consequential arrears along with interest for the delayed payment, nor have they passed any reasoned order on the petitioner's representations or the legal notice till date, thereby acting in utter disregard of the binding policy instructions and principles of fair administrative action;

AND/OR Further, for issuance of a writ in the nature of Mandamus, directing the respondents to consider and decide the legal notice dated 29.08.2025 (Annexure P-7) in accordance with law, as no decision has been taken thereon despite the lapse of a considerable period. The said legal notice specifically seeks the grant of higher pay scales under the Assured Career Progression (ACP) Scheme with effect from the respective dates of eligibility, along with release of consequential arrears and interest thereon. The continued inaction of the respondents in not adjudicating the said legal notice amounts to gross administrative indifference and results in unjustified withholding of the petitioner's legitimate dues, in clear violation of the applicable government policy and settled legal principles;

Grant any other relief which this Hon'ble Court may deem fit in the

facts & circumstances of the case.

2. Learned counsel for the petitioner submits that the petitioner has

respondents and he shall be satisfied in case, appropriate directions are issued to

3. Notice of motion.

4. On the asking of the Court, Mr. Charanpreet Singh, AAG, Punjab, who is present in the Court, accepts notice on behalf of the official respondents and has no serious objection to the limited prayer made by learned counsel for the petitioner, at this stage.

5. I have heard learned counsel for the parties and perused the record carefully.

6. At this stage, the present petition is disposed of with a direction to the respondent No.2 to decide the legal notice dated 29.08.2025 (Annexure P-7) submitted by the petitioner, within a period of three m

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