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CWP-17768-2021 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

210

CWP-17768-2021 (O&M)

Date of decision: 15.05.2026

Dalbir Singh

....Petitioner

Versus

Shromani Gurudwara Parbandhak Committee and others

....Respondents

CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present: Mr. Gaurav Datta, Advocate

for the petitioner.

Mr. Harpal Saini, Advocate

for Mr. A.P.S. Sandhu, Advocate

for respondents No.2 to 5.

HARPREET SINGH BRAR J. (Oral)

1. Prayer in the present writ petition filed under Articles

226/227 of the Constitution of India is for issuance of a writ in the

nature of certiorari for quashing the impugned order dated 04.05.2021

(Annexure P-5) passed by respondent No.5, whereby the petitioner was

retired from service on attaining the age of 58 years. A further prayer

has been made for issuance of a writ in the nature of mandamus

directing the respondents to reinstate the petitioner in service with

continuity of service, full back wages and all consequential benefits till

the age of 60 years in terms of the Service Rules applicable w.e.f.

01.04.1993.

2. Learned counsel for the petitioner submits that the

petitioner was appointed as Peon/Mali with respondents and the Service

MOHD YAKUB

2026.05.25 14:24

I attest to the accuracy and authenticity of

this document

Punjab & Haryana High Court,

Chandigarh.

CWP-17768-2021 2

Rules framed by respondent No.4 were applicable to him. As per Rule

11.3 of the Service Rules applicable w.e.f. 01.04.1993, every employee

of the Trust was entitled to continue in service till the age of 60 years

and could even be re-engaged till the age of 62 years. Learned counsel

for the petitioner further submits that the impugned order dated

04.05.2021 retiring the petitioner at the age of 58 years is contrary to the

aforesaid Service Rules and, therefore, liable to be set-aside. He further

contends that the present writ petition is maintainable as the respondents

are performing a public function and reliance in this regard has been

placed upon the judgments rendered by the Hon’ble Supreme Court in

Kaushal Kishor vs. State of Uttar Pradesh and others, (2023) 4 SCC 1

and CWP No.11299 of 1996, titled as Ravneet Kaur vs. The Christian

Medical College Ludhiana and another, decided on 06.05.1997

3. Per contra, learned counsel appearing on behalf of

respondents No.2 to 5 submits that the present writ petition is not

maintainable against the answering respondents, as the respondents are

the private, unaided and self-financed institution and the dispute raised

by the petitioner pertains to service conditions arising out of a contract

of employment and therefore, the extraordinary writ jurisdiction of this

Court under Article 226 of the Constitution of India cannot be invoked.

He further submits that the issue is squarely covered by the judgment

rendered by this Court in CWP-4913-2024, titled as Kirpal Singh vs.

Shiromani Gurudwara Parbhandhak Committee and others, decided

on 17.12.2025

MOHD YAKUB

2026.05.25 14:24

I attest to the accuracy and authenticity of

this document

Punjab & Haryana High Court,

Chandigarh.

CWP-17768-2021 3

4. I have heard learned counsel for the parties and perused the

record with their able assistance.

5. The issue involved in the present writ petition is no longer

res integra. This Court in Kirpal Singh’s case (supra), while dealing

with an identical issue regarding maintainability of a writ petition

against a private unaided educational institution being run under the

management of SGPC, held as under:-

6. Having heard learned counsel for the parties

and after perusing the record of the case, this Court is of

the view that before embarking upon a decision on the

merits of the case, the issue of maintainability of the

present writ petition needs consideration. The petitioner

was an employee of a self-financed, private engineering

college managed by a Trust. Although the Trust may have

links to a statutory body (SGPC), the college itself is an

unaided institution. The grievance of the petitioner pertains

to the non-confirmation of service