IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

234 Date of decision : 04.12.2025 Dr. Sushank Sood ..…Petitioner V/S State of Punjab and others ....Respondents CORAM : HON'BLE MR. JUSTICE NAMIT KUMAR Present: None for the petitioner. Mr. Swapan Shorey, D.A.G., Punjab.

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NAMIT KUMAR , J. (ORAL)

1. The petitioner has filed the instant writ petition under Articles 226 and 227 of the Constitution of India, seeking a writ of mandamus, directing the respondents to pay interest @ 9% per annum on the delayed payment of retiral benefits.

2. Brief facts of the case, as have been pleaded in the petition, are that the petitioner had joined his services with the Punjab State Health and Family Welfare Department on 11.03.1999 and he served the said department for more than 22 years. Due to some unavoidable circumstances, the petitioner was not able to continue his services, therefore, he submitted three months advance notice on 18.12.2021 seeking voluntary retirement w.e.f. 17.03.2022. However, the said notice remained pending with the department and the petitioner was forced to continue his service. Thereafter, the petitioner again requested the higher authorities to take final decision on his three months advance notice and finally, the Worthy Governor of Punjab accepted the said notice, vide order dated 03.08.2022 (Annexure P-1) and in pursuant to the said order, the petitioner was relieved from duty on 08.08.2022. Although, the petitioner had submitted all the requisite documents as sought by the respondents within time, however, his retiral benefits have been released after a considerable delay. Thereafter, the petitioner submitted representation dated 12.02.2024 (Annexure P-2) to the respondents seeking interest @ 9% per annum on the delayed payment of retiral benefits but to no avail. Hence, the instant petition.

3. Reply by way of an affidavit of Dr. Ranjit Singh Rai, Civil Surgeon, Mansa, Punjab on behalf of respondents No.1 to 3 has been filed, wherein it has been stated as under :-

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5. That the brief facts of the case are that the petitioner had joined his services with the respondent Department on 11.03.1999. The petitioner had served a three month notice for seeking voluntary retirement vide letter dated 18.12.2021. The said notice was considered by the competent authority (Respondent no 2) and raised certain objections regarding surety bond vide letter dated 21.02.2022. The petitioner was discharged from surety bond vide letter dated 27.06.2022 and necessary entries was made in the service book of the petitioner. Thereafter, the said notice was accepted by the competent authority vide order dated 03.08.2022.

6. That it is submitted that Civil Surgeon, Mansa had received request dated 16.09.2022 from petitioner in respect of pending service verification for period 01.06.2004 to 09.06.2004 of office of Civil Surgeon Patiala and same was sent vide letter No.1588 dated 16.09.2022 to office of Civil Surgeon Patiala and Subsequently SMO, Civil Hospital Mansa wrote a Letter No.5876 dated 21.09.2022 and Letter No.126 dated 11.01.2023 to the office of Civil Surgeon Patiala to send service verification as the service verification for the period of 01.06.2004 to 09.06.2004 was pending. Therefore, the pension case of the petitioner could not be processed. Thereafter, the petitioner had served a legal notice to the department. The legal notice was duly considered by the competent authority.

7. That it is submitted that in order to avoid delay a self-declaration and attendance record was obtained from the petitioner and after completion of all paper formalities, the pension case of the petitioner was sent to the office of Accountant General, Punjab for sanction vide letter dated 05.05.2023 thereafter, the office of Accountant General, Punjab vide letter dated 01.06.2023 approved/sanctioned the pension case of the petitioner.

8. That after the receipt of above mentioned approval from the office of Accountant General, Punjab, t