IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SAWINDER PAL SINGH – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : December 02, 2025 SAWINDER PAL SINGH .....Petitioner VERSUS STATE OF PUNJAB AND OTHERS .....Respondents CORAM: HON'BLE MR. JUSTICE DEEPINDER SINGH NALWA Present : Mr. A.S.Manaise, Advocate for the petitioner.
Mr. N. P. S. Hira, DAG, Punjab.
****
DEEPINDER SINGH NALWA, J. (Oral)
1. In the present writ petition, the petitioner has challenged the speaking order dated 04.03.2025 whereby, the claim of the petitioner for grant of interest @ 12% per annum on account of delayed payment of retiral benefits has been rejected.
2. Brief facts of the case are that the petitioner was appointed as Lecturer in Economics in Government College, Gurdaspur in the year 1983 on regular basis. The petitioner was further promoted on the post of Principal, Government College, Gurdaspur on 28.5.2016. Approximately one week before the date on which the petitioner was to retire on attaining the age of superannuation i.e. 31.5.2019, a charge-sheet was issued on 24.5.2019. The petitioner retired on attaining the age of superannuation on 31.5.2019. At the time of retirement of the petitioner, the petitioner was only granted the benefit of CPF and no other retiral benefits were released to the petitioner. The respondents in the year 2022 granted sanction of leave encashment of an amount of Rs.11,49,000/-. Leave encashment was released to the petitioner on 07.10.2022. The amount of gratuity was also released to the petitioner on
18.04.2023.
3. The relevant chart showing the dates of release of retiral benefits to the petitioner is reproduced below for kind perusal:-
Sr. No.
Item
Amount
Date due
Released on Delay
1.
Arrears of Pension
4,63,554/-
01.06.2019
20.02.2020
8 months
2.
Leave Encashment
11,49,000/-
01.06.2019
07.10.2022
3 years, 4 months
3.
Gratuity
10 Lac
01.06.2019
18.04.2023
3 years, 10 months
4. Perusal of the chart reproduced above would show that arrears of provisional pension was released to the petitioner after almost a delay of 8 months. Leave encashment was released to the petitioner after 3 years and 4 months and the gratuity after 3 years and 10 months from the date of retirement of the petitioner.
5. In pursuance to the abovementioned charge-sheet dated 24.5.2019, an enquiry was initiated. The Enquiry Officer held the charge to be proved and vide order dated 16.11.2022, punishment of cut in pension to the extent of 10% for 10 years was imposed upon the petitioner.
6. Aggrieved against the abovesaid order dated 16.11.2022, the petitioner filed a CWP No.21423 of 2023. The abovesaid writ petition came up for consideration before this Court on 22.8.2024, on that date, this Court was pleased to allow the same and the order dated 16.11.2022 was set-aside by this Court. It was observed in the order that any amount recovered from the petitioner so far, be refunded back within a period of 8 weeks from the date of receipt of certified copy of the order.
7. As the retiral benefits were released to the petitioner after an inordinate delay, the petitioner served a legal notice dated 31.8.2024 (Annexure P-4) wherein, it was claimed by the petitioner that as there was an inordinate delay in release of the retiral benefits, as such he was entitled for grant of interest @ 12% per annum on account of delayed payment of retiral benefits. As no decision was taken on the legal notice served by the petitioner dated 31.08.2024 (Annexure P-4), the petitioner filed a CWP No.29916 of 2024 before this Court. The abovesaid writ petition was disposed of vide order dated 06.11.2024 (Annexure P-5) whereby, direction was given to the respondents to decide the legal notice served by the petitioner within a period of 8 weeks from the date of receipt of certified copy of the order by passing an appropriate speaking order. In pursuance of the abovesaid order passed by this Court on 06.11.2024 (Annexure P-5), the respondents has passed an impugned order dated 04.03.2025 (Annexure P-6) where
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.