IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Reserved on 28.11.2025 Pronounced on 09.12.2025 Uploaded on 10.12.2025 Hardev Singh Sodhi .....Petitioner Versus State of Punjab and others .....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Argued by : Mr. G.S. Bal, Sr. Advocate with Ms. Gurneet Kaur, Advocate and Mr. Avtar Singh, Advocate for the petitioner.

Mr. Satnampreet Singh Chauhan, DAG, Punjab.

****

NAMIT KUMAR , J .

1. The petitioner, who is a person with disability (PwD) having disability of more than 75% on the upper right limb, has approached this Court by filing the instant petition under Articles 226/227 of the Constitution of India, seeking a writ of certiorari, quashing the order dated 21.11.2019 (Annexure P-11), whereby while reviewing the order dated 17.10.2018 (Annexure P-9), the arrears of pay for the period from 01.06.2014 to 31.05.2015 have been declined. Further, a writ of mandamus has been sought for grant of arrears for the said period, along with 18% compound interest, and also for grant of interest on the delayed payments of retiral benefits.

2. The brief facts, which are necessary for the adjudication of the present lis, are that the petitioner was selected and appointed as Block Development and Panchayat Officer in Rural Development and Panchayats Department, Punjab, against Handicapped Quota and joined as such on 01.06.2001. While the petitioner was in service, an FIR No.92 dated 08.06.2004 under Sections 467, 468, 471 IPC was registered at Police Station Division No.7, Ludhiana against the petitioner and one Rattanjit Kaur daughter of Sh. Balwant Singh. Thereafter, the petitioner and Rattanjit Kaur were convicted and sentenced by learned Judicial Magistrate 1^st Class, Ludhiana, vide judgment of conviction and order of sentence dated 23.08.2012, to undergo rigorous imprisonment for 02 years with a fine of Rs.5,000/- and in default thereof to further undergo rigorous imprisonment for 06 months. The petitioner filed an appeal against the said judgement of conviction and order of sentence dated 23.08.2012 before the learned Additional Sessions Judge, Ludhiana and the conviction and sentence of the petitioner was stayed vide order dated 11.03.2014 (Annexure P-

5).

3. On the basis of the afore-mentioned conviction and sentence, the petitioner was dismissed from service vide order dated 30.05.2014 (Annexure P-6), without considering the fact that the judgment of conviction and order of sentence has already been stayed. The said order was challenged by the petitioner before this Court by filing CWP No.12071 of 2014 (Hardev Singh Sodhi Vs. State of Punjab and another) and during the pendency of said writ petition, the appeal preferred by the petitioner against conviction was disposed of by the learned Appellate Court vide judgement dated 12.02.2015 and the petitioner was acquitted from the charge framed under Section 467 of IPC but his conviction under Sections 468 and 471 of IPC was maintained, and the petitioner was ordered to be released on probation for a period of 02 years after furnishing probation bonds of Rs.20,000/-

with one surety of the like amount.

4. The Writ Petition filed by the petitioner against the order of dismissal was disposed of by this Court, vide judgement dated

29.11.2017 (Annexure P-7) by observing as under :- “There is no dispute as regards the factual position that the impugned order of dismissal was passed solely upon conviction of the petitioner. It has been conceded by learned State counsel that no separate departmental proceeding had been initiated against the petitioner. Having heard counsel for the parties at length, this Court is of the considered view that the impugned order of dismissal dated 30.05.2014 (Annexure P-5) cannot sustain and a case is made out for remand to the competent authority for passing an order afresh.

Such view is being taken for the following reasons:

In the impugned order, it has been recited that in pursuance to an appeal preferred by the petitioner