IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:10.11.2025 Nirmala Rani …Petitioner Vs.

State of Punjab and others …Respondents Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Amrik Singh, Advocate for the petitioner.

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N.S.Shekhawat J. (Oral)

1. The petitioner has filed the present writ petition under Article 226 of the Constitution of India by making the following prayer:- “To issue a writ in the nature of Certiorari quashing the order dated 09.12.2024 (P-8) vide which the pay of the petitioner has been refixed and condition in the PPO dated 17.03.2025 (P-9) vide which the recovery of Rs. 138626/-has been ordered to be affected from the gratuity of the petitioner and for issuance of a writ in the nature of Mandamus directing the respondents to fix the revised pay of the petitioner by taking the higher pay scale w.e.f. 29.12.2013 into account in view of the notification dated 03.11.2006 (P-1) and in view of her promotion on 06.08.2015 and to refund the amount of Rs.138626/-recovered from the gratuity of the petitioner and also to pay the accrued arrears and consequential revised pension to the petitioner and also to pay the interest @18% per annum on the delayed payment of gratuity, leave encashment and arrears of pension which has been paid after a considerable delay after the retirement of the petitioner on 31.07.2024 .

AND Issuance of any other appropriate, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case”.

2. Learned counsel for the petitioner submits that the petitioner has already served a legal notice dated 19.09.2025 (Annexure P-11) to the official respondents and he shall be satisfied in case, appropriate directions are issued to the respondents to look into legal notice dated 19.09.2025 (Annexure P-11) in a time bound manner by taking into consideration the judgment passed by this Court in case titled as “A.S Randhawa Vs. State of Punjab and Others”, 1997 (3), SCT, 468 as well as the judgment passed by the Hon’ble Supreme Court in the matter of “State of Punjab and Ors. Vs.Rafiq Masih (white washer) etc.

AIR 2015 (SC) 696 .

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 prayer made by learned counsel for the petitioner.

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 19.09.2025 (Annexure P- 11) submitted by the petitioner in view of the jugdment passed by this Court in case titled as “A.S Randhawa Vs. State of Punjab and Others”, 1997 (3), SCT, 468 as well as the judgment passed by the Hon’ble Supreme Court in the matter of “State of Punjab and Ors. Vs.Rafiq Masih (white washer) etc. AIR 2015 (SC) 696 , within a period of four months from the date of receipt of certified copy of this order.

7. Needless to observe that the respondent No.2 shall pass a speaking and well reasoned order in the light of the above referred judgments as well as relevant rules/instructions and in case, petitioner is found entitled to any consequential benefits, the same shall also be released to her, without any further delay, along with reasonable rate of interest.

8. Disposed of.

(N.S.SHEKHAWAT)

10.11.2025 JUDGE hitesh Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No