IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision:07.05.2026

102 + 242 (03 cases)

CWP-978-2024 (O&M)

(i) Sushil Gupta ....Petitioner VERSUS The Punjab State Cooperative Supply And Marketing Federation Ltd And Another ....Respondents CWP-22505-2024 (O&M)

(ii) Gurmail Singh ....Petitioner VERSUS Punjab State Cooperative Supply And Marketing Federation Ltd Markfed And Ors ....Respondents CWP-9818-2025 (O&M)

(iii) Basudev Alias Vasudev ....Petitioner VERSUS The Punjab State Cooperative Supply And Marketing Federation Ltd ....Respondents

2) 260 (04 cases) CWP-27487-2022 (O&M)

(i) Jasbir Singh ....Petitioner VERSUS The Punjab State Cooperative Supply And Marketing Federation Ltd And Another ....Respondents CWP-3732-2023 (ii) Nishan Singh ....Petitioner VERSUS The Punjab State Cooperative Supply And Marketing Federation Ltd And Another ....Respondents CWP-3775-2023 (iii) Harminder Singh ....Petitioner VERSUS The Punjab State Cooperative Supply And Marketing Federation Ltd And Another ....Respondents CWP-461-2023 (O&M)

(iv) Gurdial Singh and others ....Petitioners VERSUS Reg. Coop. Societies, And Another ....Respondents

3) 261 CWP-28247-2022 (O&M)

Zila Singh ....Petitioner VERSUS The Punjab State Cooperative Supply And Marketing Federation Ltd ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present : Mr. Shiv Kumar, Advocate and Mr. Raman Kaplish, Advocate for the petitioners in all cases.

Mr. Vikas Sonak, AAG, Punjab.

Mr. Vikas Chatrath, Sr. Advocate with Mr. Amaninder Preet, Advocate, Ms. Rishita Kaushik, Advocate, Mr. Anirudh Malhan, Advocate and Mr. Manbir Singh Batth, Advocate for the respondents in all cases.

Mr. M.S. Virk, Advocate for Dr. Puneet Kaur Sekhon, Advocate for respondent No.2 in CWP-461-2023.

Ms. Sunint Kaur, Advocate for respondent-MARKFED in CWP-28247-2022.

****

HARPREET SINGH BRAR , J. (Oral)

CM-2510-2025 in CWP-22505-2024 Prayer in this application filed under Section 151 CPC is for placing on record written statement dated 13.02.2025 on behalf of respondent.

Allowed as prayed for subject to all just exceptions.

MAIN CASES

1. With the consent of all the parties, the aforementioned writ petitions are taken up together and are being decided by this common judgment. However, for the sake of brevity, the facts are taken from CWP-

27487-2022.

2. The present writ petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of appropriate directions/orders for setting aside charge-sheet No.640 dated 28.04.2011 (Annexure P-2), which has been kept pending post retirement of the petitioner without any rule, instruction or statutory provision, in violation of the principles of natural justice and Articles 13 and 20 of the Constitution of India. A further direction has been sought to the respondents to release the retiral dues of the petitioner, including leave encashment and arrears of salary in pursuance to revised pay vide order No.6100 dated 04.11.2016 (Annexure P-7), along with all other accrued benefits together with interest @ 18% per annum. In the meanwhile, a prayer has also been made for staying the operation of charge-sheet No.640 dated 28.04.2011 (Annexure P-2) during the pendency of the present writ petition.

CONTENTIONS

3. Learned counsel for the petitioner inter alia contends that the petitioner joined the department of the respondent-Federation on 27.07.1980 as a Field Assistant and, after rendering continuous service of about 31 years, retired on attaining the age of superannuation on 30.04.2011. It is submitted that, on the one hand, the petitioner has been subjected to indefinite disciplinary proceedings and, on the other hand, his retiral dues have been withheld, thereby causing grave hardship to him. It is further contended that the respondent-Federation is not a pensionable establishment and retired employees thereof are not entitled to pension and are solely dependent upon gratuity and leave encashment. Learned counsel further submits that an illegal charge