IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-20076-2011 DECIDED ON:03.12.2025 BHUPINDER SINGH ...PETITIONER VERSUS NATIONAL INST. OF PHARMACEUTICAL EDU. & RESEARCH AND ANR ....RESPONDENTS CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Rajesh Punj, Advocate and Mr. Sahaj Punj, Advocate for the petitioner(s)

Mr. Sandeep S. Majithia, Advocate for respondent No.1 Mr. Alankrit Bhardwaj, Advocate for respondent No.2/UOI ****

SANDEEP MOUDGIL, J Prayer

1. The petitioner has approached this Court under Article 226 of the Constitution of India praying for issue of direction to the respondents to produce the complete records pertaining to the petitioner’s service and retirement to direct respondent–NIPER to release the petitioner’s full and correct retiral benefits, including Pension, Gratuity, Leave Encashment, GPF and all other admissible dues, to which the petitioner is entitled upon superannuation from the post of Registrar w.e.f. 24.08.2010 with interest @12% per annum on the delayed payment of the aforesaid retiral benefits from the date the amounts became due till the date of actual payment.

Further for quashing the impugned order dated 04.03.2011 (Annexure P-17) to the extent it wrongly fixes the petitioner’s date of retirement as 01.03.2011 instead of 24.08.2010 and designates the petitioner as Deputy Registrar instead of Registrar, and further quashing the order dated

10.05.2011 (Annexure P-21) denying the petitioner part leave encashment.

Brief Facts

2. The petitioner, a resident of Chandigarh, joined CEDTI, Mohali as Junior Accounts Officer on 12.04.1990 and served until 28.03.1996, after which he joined NIPER, an autonomous central institute. He was appointed Deputy Registrar in 19.08.2003 (Annexure P-1) and given officiating charge of Registrar in 02.08.2008 (Annexure P-2). His service is governed by the National Institute of Pharmaceutical Education and Research Act, 1998 (hereinafter referred to as 1988 Act), and pension matters by the CCS (Pension) Rules, 1972 (hereinafter referred to as 1972 Rules).

3. The petitioner submitted a notice for voluntary retirement on 25.05.2010 (Annexure P-4) under Rule 48-A of the 1972 Rules, citing family reasons, with effect from 24.08.2010. He handed over the charge of Registrar to Dr. Harmeet Singh on 02.08.2010 and subsequently availed medical and earned leave till 23.08.2010. Despite complying with all formalities for retirement and pension, NIPER issued a show-cause notice alleging unauthorized absence (Annexure P-12). His voluntary retirement was accepted on 09.02.2011, but the order wrongly fixed the date of retirement as

01.03.2011 and treated him as Deputy Registrar.

4. The GPF and partial leave encashment were released, but pension and gratuity were incorrectly calculated based on the lower post and date of retirement i.e 24.08.2010. Earned leave from CEDTI was partly ignored, and salary for the period 03.08.2010 to 24.08.2010 was not paid. The petitioner’s representation dated 30.05.2011 (Annexure P-23) highlighting these discrepancies was rejected by respondent-NIPER vide letter dated 20.09.2011 (Annexure P-26).

5. Aggrieved by the respondents’ arbitrary and illegal actions, the present writ petition has been filed whereby the petitioner seeks correction of the retirement date, proper fixation and release of retiral benefits, payment of interest, and quashing of impugned orders prejudicial to his lawful entitlements. Contentions On behalf of Petitioner

6. Learned counsel for the petitioner submits that the petitioner had been appointed as Deputy Registrar of NIPER and was subsequently given the officiating charge of Registrar, drawing the emoluments of that post. The petitioner, having completed over twenty years of qualifying service, submitted a notice for voluntary retirement under Rule 48-A of the 1972 Rules and duly completed the statutory notice period of three months. It was contended that the respondent erroneously fixed the date of retirement as 01.03.201