IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 07.05.2026 Jaspal Singh Kapil ….Petitioner V/S State of Punjab and others ….Respondents CORAM : HON'BLE MR. JUSTICE NAMIT KUMAR Present: Mr. Sunny Singla, Advocate with Ms. Riti Aggarwal, Advocate for the petitioner.

****

NAMIT KUMAR , J. (ORAL)

1. The petitioner has filed the instant petition under Articles 226/227 of the Constitution of India, seeking issuance of a writ of certiorari for quashing the action of the respondents, whereby the notional annual increments of the petitioner have been withheld by the authorities. Further, seeking issuance of a writ of mandamus directing the respondents to revise the pay and pension of the petitioner by granting three annual increments to the petitioner for the service, which he rendered continuously for one year regular service, for a period of three years before his superannuation and grant him all consequential benefits including revised pensionary benefits along with interest @

18% per annun.

2. Learned counsel for the petitioner, inter alia, submits that the petitioner was to retire on attaining the age of superannuation on 31.12.2012 and thereafter, he was given one year extension from

01.01.2013 to 31.12.2013 and another year extension from 01.01.2014 to 31.12.2014 and finally, he retired on 31.12.2014. However, the petitioner has not been granted the benefit of increment(s) for the aforesaid three years. He further submits that the case of the petitioner is squarely covered by the judgment of this Court in CWP-32598-2019 titled as ‘Gurdev Singh and others Vs. State of Punjab and another’ decided on 16.03.2022 (Anenxure P-6) which has been upheld by the Division Bench of this Court, vide judgment dated 09.04.2024, passed in LPA-922-2022 titled as ‘State of Punjab and others Vs. Harmeet Singh and others’ and other connected cases (Lead case LPA-696- 2022). He further submits that in pursuance to the said judgment, instructions dated 10.07.2024 (Annexure P-8) has been issued by the State Government. Para 3 of the said instructions reads as under :-

“3. The Government has therefore revisited these instructions as referred in para 1 above, and has now decided to grant the benefit of one notional annual increment to all the pensioners of the State Government who have completed 12 months of service on the date of their retirement for purpose of re-fixation of their last drawn pay for the purpose of computing their pensionary benefits. The increment shall, however, be granted if otherwise admissible as per provisions of Punjab Civil Services Rules i.e. subject to verification of service record.”

2(i) He further submits that despite the said instructions, the benefit of increment(s) has not been granted to the petitioner.

3. On receipt of advance copy of the petition, Mr. Swapan Shorey, D.A.G., Punjab has put in appearance on behalf of the respondents-State and on instructions from Sh. Ashok Kumar, Joint Director, Department of Planning, submits that the claim of the petitioner for grant of increment(s) in terms of judgment in Gurdev Singh’s case (supra) (Annexure P-6) and instructions dated 10.07.2024 (Annexure P-8) shall be reconsidered within a period of 02 months.

4. In view of the statement made by learned State counsel, learned counsel for the petitioner does not press the instant petition.

5. Disposed of as not pressed.

6. Needless to mention here that if the petitioner is found entitled to the relief sought, the same shall be granted to him within a period of 01 month after reconsideration of his claim.

07.05.2026 (NAMIT KUMAR)

kothiyal

JUDGE

Whether speaking/reasoned: Yes/No

Whether Reportable: Yes/No