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CWP-16505-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

237 CWP-16505-2023

Date of Decision: 13.05.2026

Surinder Pal and another

....Petitioners

VERSUS

Pepsu Road Transport Corporation and another

...Respondents

CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present : Mr. Vikas Singh, Sr. Advocate with Ms. Simanpreet Dhawan &

Ms. Anamika Sheoran, Advocates for the petitioner.

Mr. Anupam Singla, Advocate for the respondents.

HARPREET SINGH BRAR, J. (Oral)

1. The present writ petition has been filed under Articles 226/227

of the Constitution of India seeking issuance of a writ in the nature of

mandamus directing the respondents to release the enhanced amount of

gratuity to the petitioners on the premise that the ceiling limit of gratuity

stood enhanced after 01.01.2006. A further prayer has also been made for

issuance of a writ in the nature of certiorari for quashing the order dated

01.02.2022 (Annexure P-10) passed by the respondents, whereby the claim

of the petitioners for grant of enhanced gratuity has been rejected, being

PUNEET CHAWLA

2026.05.21 18:16

I attest to the accuracy and

integrity of this document

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CWP-16505-2023

illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of

India.

PETITIONERS’ CONTENTION

2. Learned Senior Counsel for the petitioners, inter alia, contends

that the father of petitioner No.1 retired from service as Chief Inspector on

28.02.2006 and unfortunately expired on 19.10.2013, whereas the father of

petitioner No.2 retired from service as Inspector on 31.03.2006 and

subsequently expired in the year 2017. It is contended that the legitimate

claim of the petitioners for enhanced gratuity cannot be denied merely on

the ground of delay, particularly when the claim pertains to retiral benefits,

which give rise to a recurring cause of action.

2.1 Learned Senior Counsel further relies upon the observations

made by this Court in COCP-739-2012 and connected matters titled as

Jagdish Singh and others Versus Sh. Manvesh Singh Sidhu, decided on

30.05.2012, particularly para 17(iv) thereof, to contend that the retirees who

had opted for the Contributory Provident Fund Scheme instead of pension

are also entitled to enhanced gratuity at par with those employees who had

opted for the pension scheme.

2.2 He further places reliance upon the judgment rendered by this

Court in CWP-10331-2016 titled as Satpal Singh and others Versus PRTC,

Patiala and another, decided on 25.01.2019 (Annexure P-7), and submits

PUNEET CHAWLA

2026.05.21 18:16

I attest to the accuracy and

integrity of this document

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CWP-16505-2023

that once similarly situated employees have already been granted the benefit

of enhanced gratuity, the respondents cannot adopt a discriminatory

approach or apply a different yardstick in the case of the present petitioners.

2.3 It is further contended that the petitioners submitted

representation dated 06.11.2020 (Annexure P-9), however, the same came to

be rejected by the respondent-Corporation vide impugned order dated

01.02.2022 (Annexure P-10). Accordingly, the petitioners claim parity with

similarly situated employees who have already been extended the benefit of

enhanced gratuity.

RESPONDENTS’ CONTENTIONS

3. On the other hand, learned counsel for the respondents-

Corporation, while opposing the claim of the petitioners, submits that even

in the judgment rendered by this Court in Satpal Singh (supra), it was

specifically observed that “if any employee approaches now, the

Corporation would be within its jurisdiction to raise all objections available

to it, including delay and laches in approaching this Court, which shall be

considered as and when the need arises.”

3.1 Learned counsel further submits that the employees, whose

legal representatives have instituted the present writ petition, admittedly

retired from service in the year 2006 and expired in the years 2013 and 2017

respectively. It is argued that the notification dated 18.05.2010 (Annexure

PUNEET CHAWLA

2026.05.21 18:16

I attest to the accuracy and

integrity