IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

124 CWP-16397-2026 Date of Decision: 22.05.2026 Parbati Devi @ Parwati Devi ....Petitioner VERSUS State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present : Mr. Peeush Gagneja, Advocate for the petitioner.

Ms. Pratibha Bali, AAG Punjab.

Ms. Gurneet Sagoo, Advocate for respondent No.5.

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HARPREET SINGH BRAR , J. (Oral)

1. The present petition has been filed under Articles 226/227 of the Constitution of India praying for issuance of a writ in the nature of mandamus directing the respondents to release interest on the delayed payment of the petitioner’s service-cum-retirement dues in view of the law laid down by this Court in A.S. Randhawa Supdg. Engineer (Retd.) vs. State of Punjab, 1997 (3) SCT 468. Further prayed that the petitioner has served several representations, including the last representation dated 25.07.2024 (Annexure P-6), however, the respondents have illegally denied the claim through reply dated 13.03.2023 (Annexure P-4), inasmuch as the claim for interest for the delayed period has neither been considered nor granted.

2. Learned counsel for the petitioner, inter alia, contends that the petitioner retired as Safai Sewika from Municipal Council, Malout on 30.11.2019, whereas the respondents released the retiral benefits in several instalments over a period of nearly two years, with the final payment being made only on 02.07.2021, i.e. approximately 20 months after retirement. It is further submitted that on the eve of retirement of the petitioner no disciplinary proceedings were pending against him and that he retired with clean record. The petitioner had earlier filed CWP No.14393 of 2020, which was disposed of by this Court vide order dated 25.08.2022 (Annexure P-2), granting liberty to the petitioner to claim interest on delayed payment. Pursuant thereto, the petitioner served legal notice dated 10.10.2022 (Annexure P-3) claiming interest on the delayed payments. In response, the department issued reply dated 13.03.2024 (Annexure P-4), admitting the delay in release of the payments, but neither disclosing any reason for such delay nor granting any interest. Thereafter, the petitioner again approached this Court by filing CWP No.14859 of 2024, which was disposed of on 03.07.2024 (Annexure P-5), granting liberty to the petitioner to file a representation and directing the respondents to decide the same within two months. In compliance thereof, the petitioner submitted a detailed representation dated 25.07.2024 (Annexure P-6), seeking interest @18% per annum on the delayed payments. However, till date, no action has been taken by the respondents on the petitioner’s claim, nor has any reasoned order been passed. As such, the petitioner is legally entitled to interest on the delayed release of retiral dues in terms of the judgment rendered by the Full Bench of this Court in A.S. Randhawa Supdg. Engineer (Retd.) vs. State of Punjab, 1998 (1) SCT 343.

3. Notice of motion.

4. Ms. Pratibha Bali, AAG, Punjab, appeared and accepted notice on behalf of the respondent-State. Ms. Gurneet Sagoo, appearing on advance notice on behalf of respondent No.5, submitted that the representation dated 25.07.2024 (Annexure P-6) had been rejected vide speaking order dated 25.09.2024. However, she could not controvert the fact that no disciplinary proceedings were pending against the petitioner on the eve of her retirement. 5. Having heard the submissions made by learned counsel for the parties and after perusing the record with their able assistance, it transpires that the petitioner retired on 31.11.2019. However, his retiral benefits were released in instalments and last payment was made only on 02.07.2021. As such, the petitioner is entitled to interest on account of delay in releasing the retiral dues and this Court is also cognizant of the fact that the petitioner was compelled to approach this Court third time and the petitioner is a retired