IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

214 Date of decision: 11.12.2025 Ram Dayal .....Petitioner Versus State of Punjab and others .....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Present : Mr. H.S. Saini, Advocate for the petitioner.

Mr. Surya Kumar, AAG, Punjab. Mr. Nakul Sharma, Advocate and Mr. Karan Sirohi, Advocate for respondent No.3.

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NAMIT KUMAR, J. (ORAL)

1. The instant petition has been filed by the petitioner under Articles 226/227 of the Constitution of India, seeking a writ of certiorari for quashing of order dated 04.10.2019 (Annexure P-11) passed by respondent No.3, whereby his claim for grant of interest on the delayed payments of his retiral benefits for a period of about more than two years and also for refund of an amount of Rs.29,074.90 paise, along with interest @ 18% per annum has been rejected.

2. Learned counsel for the petitioner submits that the petitioner joined the office of respondent No.3 as Mali on work charge basis on 18.04.1977 in the office of Chief Executive Officer, Zila Parishad, Rupnagar and thereafter his services were regularised and he retired from service on attaining the age of superannuation on

30.09.2013, however, his retiral dues were not released by the respondents, despite the fact that he has submitted representation and legal notice dated 16.09.2015. Therefore, he filed CWP No.21724 of 2015 (Ram Dayal v. State of Punjab and others) for the release of his retiral dues. The said writ petition was disposed of by this Court vide order dated 09.10.2015 with a direction to respondent No.3 to consider and decide the legal notice dated 16.09.2015 (Annexure P-3 annexed with the said petition), within a period of three months from the date of receipt of a certified copy of the order and if amounts are found to be due, the same be paid within a period of one month thereafter and the respondents shall also take into account the fact that there has been substantial delay and right of the petitioner for claiming of interest shall also be kept into consideration.

3. Learned counsel for the petitioner further submits that in pursuance to the directions issued by this Court vide order dated 09.10.2015, the petitioner was released payment of gratuity and leave encashment amounting to Rs.6,42,477/- on 28.10.2015 after deducting a sum of Rs.50,000/-. Thereafter, arrears of pension amounting to Rs.3,67,024/- were released to the petitioner on 12.01.2016 for the period from 01.10.2013 to 30.11.2015. Since a sum of Rs.50,000/- were wrongly deducted from the gratuity/leave encashment account of the petitioner and no interest on the delayed payments were paid to him and even Rs.29,074/- were deducted from the salary of the petitioner, he filed a contempt petition bearing COCP No.2703 of 2018 (Ram Dayal v. Amarjeet Singh Gujral. Addl. D.C. (Development)-cum-Chief Executive Officer, Rupnagar), which came up for hearing before this Court on 11.09.2019 and learned counsel for the respondents stated that the needful with regard to issue of interest will be done within a period of four weeks after affording an opportunity of hearing to the petitioner. Thereafter, the claim of the petitioner for grant of interest and with regard to deduction of about Rs.30,000/- has been rejected by respondent No.3, vide order dated 04.10.2019 (Annexure P-11), which has been impugned in the present petition.

4. Learned counsel for the petitioner further submits that at the time of retirement neither any disciplinary nor any criminal proceedings were pending against the petitioner, therefore, he was entitled for the release of all his retiral dues immediately on his retirement, however, the same have not been released to him, despite the fact that No Due Certificate (Annexure P-3) was issued to him prior to his retirement. The retiral dues of the petitioner have been released after intervention of this Court in CWP No.21724 of 2015 (Ram Dayal v. State of Punjab and others)

5. In the written statement filed by