IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

104+222 Date of decision: 08.12.2025 Parveen Garg .....Petitioner Versus State of Punjab and another .....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Present : Mr. Ashok Bhardwaj, Advocate for the petitioner.

Mr. Satnampreet Singh Chauhan, DAG, Punjab.

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NAMIT KUMAR, J. (ORAL)

CM-14475-CWP-2025

1. This application has been filed by the petitioner for placing on record replication to the reply filed by respondents No.1 and 2.

2. Allowed as prayed for subject to all just exceptions.

3. Office is directed to tag the same at an appropriate place.

CWP-8718-2023

1. The instant petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking a writ of mandamus for directing the respondents to consider the regular service of the petitioner in Electronic Systems Punjab Limited (hereinafter referred to as 'ESPL') from 12.02.1987 to 27.09.2004 and contractual service in the Department of Information Technology, Punjab from 27.09.2004 to 31.03.2011, for the purpose of computing pension and other pensionary benefits such as leave encashment, gratuity and commutation of pension, etc. Further, prayer has been made to recompute leave encashment, gratuity and commutation of pension after taking into account the above-said service and to release the remaining dues/arrears of leave encashment, gratuity and commutation of pension along with interest at the rate of 18% from the date of retirement i.e. 31.08.2021 till its realisation.

2. The undisputed facts of the case are that the petitioner joined the department of ESPL, a Punjab State Government Enterprise (PSU) on 12.02.1987 on regular basis against a sanctioned post as Assistant Manager. Thereafter, the petitioner was sent on deputation to the Department of Information Technology, Punjab, as System Manager on 17.05.1999 and his tenure was extended on annual basis without any interruption or break. Further, he was offered appointment as Senior System Manager-cum-Senior Consultant on contract basis in the Department of Information Technology, Punjab, vide appointment letter dated 28.11.2003 (Annexure P-2). Subsequently, ESPL, a PSU, was wound up by the State in the year 2004 and the said appointment letter was re-validated vide appointment letter dated 24.09.2004. Thereafter, the State of Punjab created a new department i.e. Department of Governance Reforms, vide Allocation of Business Rules (1st Amendment), 2012 dated 16.03.2012. After the report of two members committee of Directors of Department of Information Technology and Department of Governance Reforms (constituted by Chief Secretary) for sharing/transfer of manpower/assets/liabilities etc., the Hon'ble Chief Minister approved the shifting of 12 employees of Department of Information Technology to Department of Governance Reforms, Punjab, vide order dated 22.05.2012. In pursuance thereto, the department of Information Technology, vide order dated 28.06.2012 relieved the petitioner along with other officers from the department of Information Technology to join the Department of Governance Reforms. Thereafter, services of the petitioner were regularised on the post of Senior System Manager, vide order dated 11.06.2013, in terms of regularisation policy dated 21.11.2011. The petitioner submitted representation dated 07.01.2019 with a reminder dated 27.06.2019, to the Director, Department of Governance Reforms, Punjab, seeking regularisation with effect from 01.04.2011 in parity with Sh. Anwar, Assistant Manager, who was similarly situated like the present petitioner. When no action was taken on the said representation, the petitioner filed CWP No.4854 of 2020 claiming the benefit of regularisation with effect from 01.04.2011. The said writ petition came up for hearing before this Court on 24.02.2020 and the following order was passed:-

“xxx xxx xxx xxx xxx Let two copies of the writ petition be handed over to Mr. Vikas Mohan Gupta, Addl. A.G., Punjab, duri