IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: December 12, 2025 Jaswant Singh .....Petitioner VERSUS State of Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present : Mr. Vasudev Pal, Advocate for Mr. Amit Aggarwal, Advocate for the petitioner.

Mr. Vikas Arora, DAG, Punjab.

Ms. Jasvir Kaur, Advocate for respondent No.2.

Ms. Gurneet Sagoo, Advocate for respondent No.3.

HARPREET SINGH BRAR, J. (Oral)

1. The present writ petition has been filed under Article 226/227 of the Constitution of India for issuance of an appropriate writ or order in the nature of mandamus directing the respondents to release the retiral benefits as well as service dues i.e. gratuity, leave encashment, PF and all other benefits of the petitioner along with interest @ 18% after proper calculation which had been illegally held by the respondents. Further it is prayed for directing the respondents to provide the service book of petitioner despite submitting representation (Annexure P-3).

2. Learned counsel for the petitioners contends, inter alia, that the petitioner was appointed as a Tractor Driver on 25.06.1999 and retired on 30.11.2022 after serving the respondents for more than 22 years. Learned counsel further submits that despite there being no complaint, disciplinary, or departmental proceedings against the petitioner, his retiral dues have been withheld. In this regard, the petitioner submitted various representations, i.e., on 07.11.2022 (Annexure P-2) and again on 07.11.2025 (Annexure P-3), but the same remained unheeded except for the partial payment of Rs. 3,00,000/-.

3. Learned counsel for the petitioner submits that he would be satisfied if the representation dated 07.11.2025 (Annexure P-3) of the petitioner is decided by respondent No.2 by passing a speaking order in a time bound manner.

4. Learned State Counsel as well as learned counsel for respondents No.2 and 3 submits that they have no objection, in case a direction is issued to respondent No.2 for time-bound consideration and to take a decision of the representation dated 07.11.2025 (Annexure P-3) filed by the petitioner by passing a speaking order.

5. Therefore, in view of the limited prayer made by learned counsel for the petitioner, respondent No.2 is directed to consider the representation dated 07.11.2025 (Annexure P-3) filed by the petitioner and pass a well reasoned speaking order, after affording an opportunity of hearing to the petitioner, within a period of 03 months from the date of receiving a certified copy of this order. Further, the decision taken thereof shall be conveyed to the petitioner.

6. Needless to say, if the petitioner is found entitled to the relief sought, the same shall be granted forthwith by respondents. It is also made clear that in case the admissible dues of the petitioner are withheld without any justifiable cause or merely on the basis of some audit objection, the same shall be released with interest at the rate of 6% per annum, to be calculated after two months from the date of the petitioner's retirement till its actual realization in terms of the judgment rendered by a Full Bench of this Court in A.S. Randhawa Supdg. Engineer (Retd.) vs. State of Punjab 1998 (1) SCT 343

7. Disposed of, accordingly, so also the pending miscellaneous application(s), if any.

(HARPREET SINGH BRAR)

JUDGE December 12, 2025 P.C Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No