SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(P&H) 8187

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GURNAM SINGH – Appellant
Versus
PUNJAB STATE POWER CORPORATION LTD AND OTHERS – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: February 09, 2026 Gurnam Singh .....Petitioner VERSUS Punjab State Power Corporation Limited and others ..Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present : Mr. Balbir Singh Jaswal, Advocates for the petitioner.

Mr. Bhanu Pratap Singh, Advocate for the respondents-PSPCL.

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 certiorari for quashing the impugned order dated 11.01.2022 (Annexure P-9) passed by respondent No.4 rejecting the claim of petitioner for release of interest on the delayed payment of pensionary benefits. Further, a prayer is made for directing the respondents to release interest on the withheld gratuity from 28.02.2016 to 14.09.2016 (seven months), leave encashment from 19.11.2015 to 14.09.2016 (10 months) and on pensionary benefits from 31.01.2016 to 29.11.2017 (22 months). The petitioner also prays for issuance of a writ in the nature of mandamus for directing the respondents to take a decision on the appeal dated 15.03.2022 (Annexure P-10) moved by the petitioner.

2. Learned counsel for the petitioner submits that the petitioner retired from service as a Junior Engineer on 28.02.2013. It is contended that on the eve of his retirement, no charge-sheet, inquiry, or disciplinary proceedings were pending against him. In the absence of any such proceedings, there existed no legal embargo or justification for withholding the retiral benefits of the petitioner. Learned counsel further submits that after his retirement, the petitioner was constrained to approach this Court by filing CWP No.12737 of 2015, titled Gurnam Singh versus Punjab State Power Corporation Limited and others, for the release of his retiral benefits along with interest. This Court, while disposing of the said writ petition vide order dated 01.07.2015 (Annexure P-1), directed the respondents to decide the legal notice of the petitioner and, if he is found to be entitled, to release his retiral benefits along with interest @ 9% per annum. It is further submitted that the gratuity amounting to Rs.5,89,227/-, which was due to be released on 01.06.2013, was actually released on 01.10.2016, after an inordinate and unexplained delay of more than three years. Even then, the interest on the delayed payment of gratuity was paid only up to 28.02.2016, instead of up to the actual date of payment. Similarly, the leave encashment amounting to Rs.4,03,873/-, which was also due on 01.06.2013, was released on 01.10.2016, and the interest thereon was paid only up to 19.11.2015. Learned counsel further submits that the pension of the petitioner was withheld for more than four years and was eventually released on 11.12.2017. However, the interest on the delayed payment of pension was paid only up to 31.01.2016, instead of 11.12.2017. Moreover, no interest whatsoever has been paid on the delayed payment of commuted pension. Copies of the relevant receipts and documents evidencing the aforesaid payments including the partial interest have been appended as Annexures P-2 to P-6. Aggrieved by the arbitrary and illegal action of the respondents, the petitioner served a legal notice dated 06.01.2020 upon the respondents (Annexure P-7), followed by two reminders. However, no action was taken by the respondents in response thereto. Consequently, the petitioner was again compelled to approach this Court by filing CWP No. 22425 of 2021, titled Gurnam Singh versus Punjab State Power Corporation Limited and others, which was disposed of vide order dated 03.11.2021 (Annexure P-8) with a direction to the respondents to decide the legal notice by passing a reasoned and speaking order. In compliance thereof, respondent No. 4 passed the impugned order dated 11.01.2022 (Annexure P-9), whereby the claim of the petitioner was rejected on the erroneous ground tha

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top