IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

226 Date of decision : 11.12.2025 Rajinder Kumar ..…Petitioner V/S State of Punjab and others ....Respondents CORAM : HON'BLE MR. JUSTICE NAMIT KUMAR Present: Mr. Manmeet Singh Rana, Advocate with Mr. Aaryan Kargwal, Advocate for the petitioner. Mr. Satnampreet Singh Chauhan, 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 certiorari, quashing the order dated 09.06.2021 (Annexure P-2) passed by respondent No.2, whereby the claim of the petitioner for grant of interest on the delayed payment of retiral benefits has been rejected. Further, seeking a writ of mandamus, directing the respondents to release the interest @ 18% 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 joined the respondent-Department as Forest Guard on 20.05.1981. During his service tenure, the petitioner was promoted as Forester on 01.04.2003; as Deputy Ranger on 17.09.2008 and as Forest Ranger in the year 2015. The petitioner had attained the age of superannuation on 30.09.2019, however, he was given extension for one year in service and ultimately, he retired from service on 30.09.2020. When the retiral benefits of the petitioner were not released in time, he had served a legal notice dated 28.12.2020, through his counsel, to the respondents for releasing his retiral benefits along with interest on the delayed payment of retiral benefits. After receiving the said legal notice, the respondent-Department had released the GPF to the petitioner on 28.01.2021. Thereafter, the petitioner had submitted representation dated 30.01.2021 to the respondents for releasing his remaining retiral benefits along with interest. After receiving the said representation, the respondent-Department had paid the leave encashment on 05.03.2021 and gratuity on 18.05.2021 to the petitioner, however, no interest was paid on the delayed payment of retiral benefits. Thereafter, the petitioner had approached this Court by filing CWP No.3495 of 2021 (Rajinder Kumar Vs. State of Punjab and others) which was disposed of by this Court, vide order dated 15.02.2021 (Annexure P-1), with a direction to respondent No.2 to decide the representation dated 30.01.2021 submitted by the petitioner by passing a speaking order. In pursuant to the said order, respondent No.2 passed the impugned order dated 09.06.2021 (Annexure P-2) rejecting the claim of the petitioner. Hence, the instant petition.

3. Reply by way of an affidavit of Sh. Vikram Singh Kundra, IFS, Divisional Forest Officer, Wild Life Division, Phillaur, Teshil Phillaur, District Jalandhar, on behalf of respondents No.1 to 3 has been filed, wherein it has been stated as under :-

“xx xx xx xx xx

7. That whereas Pension and other Pensionary Benefits are concerned it is informed that, as because of posting of petitioner at Divisional Forest Office (WL) Hoshiarpur, this office had written a letter no. 1689 dated 14.09.2020 (Annexure R-4) to Wildlife division office, Hoshiarpur for giving the record to this office for timely release of the retiral benefits to the petitioner. Vide letter no. 563 dated 31.07.2020 (Annexure R-5), Service book of the petitioner was received by this office vide letter no. 961 dated

30.09.2020 (Annexure R-6).

8. That it is pertinent to mention here that, with regard to the pension case of the petitioner it is informed that the petitioner was transferred from Wildlife Division, Hoshiarpur to Wildlife Division, Phillaur on 29.05.2020 and the Wildlife Division Office, Phillaur had written a letter vide no. 1000 dated 15.07.2020 (Annexure R-7) to Wildlife Division Office, Hoshiarpur for sending the service book of the petitioner. That Wildlife Division Office, Phillaur had received the service book of the petitioner on 01.10.2020 vide letter 961 dated 30.09.2020