IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

240 Date of decision : 20.04.2026 Ramesh Kumar ..…Petitioner V/S State of Punjab and others ....Respondents CORAM : HON'BLE MR. JUSTICE NAMIT KUMAR Present: Mr. Vikas Chatrath, Senior Advocate assisted by Ms. Tanya Bhurji, Advocate for the petitioner.

Mr. Satnampreet Singh Chauhan, D.A.G., Punjab.

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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 mandamus directing the respondents to release the due pensionary benefits along with interest @ 18% per annum on the delayed payment of pensionary benefits.

2. Brief facts of the case, as have been pleaded in the petition, are that the petitioner had joined the service of the respondent- department on 10.07.1987 and retired, on attaining the age of superannuation, on 30.06.2018. Just before one month from his retirement, a case bearing FIR No.118 dated 30.05.2018 under Sections 354 & 354A of Indian Penal Code, 1860 and Section 8 of Protection of Children from Sexual Offences Act, 2012 was registered against the petitioner. The petitioner was suspended from service, vide order dated 10.05.2018, passed by the District Education Officer (Secondary Education), Bathinda, under Rule 4(2) of the Punjab Civil Services (Punishment and Appeal) Rules, 1970. Thereafter, on 18.05.2018, a charge sheet under Rule 8, Rule 5(v to ix) of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 was issued to the petitioner. After his retirement, some of his retiral benefits were released, while others were withheld by the respondent-department due to pendency of criminal case against the petitioner. In the said criminal case, the petitioner was acquitted by learned Additional Sessions Judge, Bathinda, vide judgment dated 05.03.2021 (Annexure P-1) and thereafter, his remaining retiral benefits were released by the respondent-department. Since the petitioner was acquitted in the criminal case, he had approached the respondent-department seeking interest on the delayed payment of retiral benefits, but to no avail. Thereafter, he served a legal notice dated 26.11.2022 (Annexure P-4) upon the respondents for the release of interest on the delayed payments of gratuity, leave encashment, commuted value of pension and LTC but the respondent-department had not taken any action on the same.

Hence, the instant petition.

3. Reply by way of affidavit of respondent No.3-Sh. Shiv Pal, District Education Officer (Secondary Education), Bathinda, on behalf of respondents No.1 to 3, has been filed, wherein it has been stated as under :-

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4. That an FIR was lodged against the petitioner on 30.05.2018 and the petitioner superannuated on 30.06.2018 but the pension case of the petitioner could not be settled due to pendency of the criminal case against the petitioner. So far as the payment of retiral benefits are concerned except gratuity, Pension and commutation of pension all other retiral benefits were paid to the petitioner well before the conclusion of the criminal trial against the petitioner. So far as the gratuity, Pension and commutation of pension are concerned the same were released after conclusion of the criminal trial against the petitioner. So far as the LTC is concerned the same is directly paid by the concerned bank/treasury office to the retirees directly into their bank accounts once in the block of 2 year as such delay in payment of LTC cannot be attributed to the respondents, as such the writ petition is liable to be dismissed being devoid of merits.

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4. Learned Senior counsel for the petitioner submits that the respondent-department had withheld certain retiral benefits of the petitioner on account of the pendency of a criminal case against him. He further submits that since the petitioner was acquitted in the criminal proceedings, vide judgment dated 05.03.2021, passed by learned Additional Sessions Judge, Bathinda,