214 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 14.11.2025 Amarpal Singh ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE DEEPINDER SINGH NALWA Present: Mr. S.S. Khaira, Advocate for the petitioner.

Mr. Swapan Shorey, DAG, Punjab.

Mr. Karminder Singh, Advocate and Mr. Dhanwinder Singh, Advocate for respondent No.4.

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DEEPINDER SINGH NALWA, J. (Oral)

In the present writ petition, the petitioner is praying for issuance of a writ in the nature of mandamus for direction to the respondents to release the pension, gratuity and all other retiral benefits to the petitioner from the date of his retirement i.e. 28.02.2022 with interest @ 12% per annum.

2. A perusal of the facts of the case would show that petitioner joined the services in Panchayat Department as Panchayat Secretary and retired on 28.02.2022 after attaining the age of superannuation. No retiral benefits were released to the petitioner, as such, he submitted a representation dated 23.06.2022 (Annexure P-4) to the District Development and Panchayat Officer, Gurdaspur. As retiral benefits were not released to the petitioner in spite of the fact that petitioner had approached the respondents for release of his retiral benefits, the petitioner has filed the present writ petition.

3. Learned counsel for the petitioner submits that in spite of the fact that the petitioner had retired on 28.02.2022 after attaining the age of superannuation, as there were no departmental proceedings or any other proceedings pending against the petitioner at the time of retirement, the petitioner was entitled for release of his retiral benefits at the earliest. Learned counsel for the petitioner submits that a perusal of Annexure P-3 would show that a letter was issued by the District Development and Panchayat Officer, Gurdaspur on 27.06.2022 to the Executive Officer, Panchayat Samiti, Gurdaspur, wherein it was mentioned that the case of pension and gratuity of the petitioner should be prepared and the same should be sent to the Head Office before 01.07.2022. It is the case of the petitioner that in spite of the abovesaid letter was issued by the District Development and Panchayat Officer, Gurdaspur, no retiral benefits were released to the petitioner. He submits that during the pendency of the writ petition, arrears of pension from March, 2022 to October, 2023 and November, 2023 to February, 2024 have been released to the petitioner vide memo dated 09.11.2023 and memo dated 12.03.2024 respectively. The amount of gratuity has also been given to the petitioner on 29.10.2024.

4. Taking into consideration the fact that retiral benefits have been released to the petitioner during the pendency of instant petition, learned counsel for the petitioner confines his argument only to the extent that as there was a delay in release of the retiral benefits to the petitioner and as there was no fault on his part, as such, he is entitled for interest @ 12% per annum on account of the delayed payment of retiral benefits.

5. Learned State counsel has filed the written statement and a perusal of the said written statement would show that no reasons have been given as to why there was a delay in release of retiral benefits of the petitioner. Learned counsel appearing for respondents No.1 to 3 also could not give any reason as to why there was a delay in release of retiral benefits of the petitioner.

6. Taking into consideration the fact that there was an unexplained delay of more than 3 years and 8 months in release of retiral benefits to the petitioner, the petitioner would be held entitled for interest on account of the delayed payment of retiral benefits. It is well settled law that retiral benefits are not a bounty, it is the right of an employee.

7. Reliance has been placed upon the judgment passed by Co-ordinate Bench of this Court in CWP No.19759 of 2023 titled as Parveen Kumar Vs. State of Punjab and others, decided on 15.03.2024, wherein the C