2026 Supreme(Online)(P&H) 112406
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JASBIR SINGH ..Petitioner
Versus
STATE OF PUNJAB AND ORS. ..Respondents
Reserved on: 05.08.2026
Pronounced on : 12.08.2026
Uploaded on : 19.08.2026
Whether only the operative part of the judgment is pronounced? NO
Whether full judgment is pronounced? YES
CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA
Present: Mr. P.K.S. Gill, Advocate for the petitioner.
Ms. Arundhati Kulshreshtha, AAG, Punjab.
12.08.2026
(SUDEEPTI SHARMA)
JUDGE
Ayub/Saahil
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
* * * * *
SUDEEPTI SHARMA, J.
1. The challenge in the present writ petition is to order dated 19.07.2019, whereby, interest on delayed payment of gratuity, leave encashment and provident fund was refused.
2. Learned counsel for the petitioner contends that vide impugned order dated 19.07.2019 passed by respondent No.3, the interest on delayed payment of gratuity, leave encashment and provident fund has wrongly been rejected. Hence, prays that present petition be allowed.
3. Per contra, learned counsel for the respondents submits that the delay in payment was due to the delay in filing of the papers for grant of pensionary benefits by the petitioner himself and thus the writ petition is liable to be dismissed.
4. I have heard learned counsel for the parties and perused the whole file of this case with their able assistance.
5. Before proceeding further, it would be apposite to reproduce the relevant portion of impugned order dated 19.07.2019, which is reproduced as under:-
“With payment of all the pensioner benefits to the petitioner as admissible to him. Nothing stands outstanding except his alleged claim regarding payment of interest on alleged delayed payments. It has been alleged in the representation that since a considerable delay was caused in making the payment of his retiral benefits, he is entitled to interest on delayed payments @ 12% PA from the date the same becoming due till the date of payment.
I have considered this submissions made by the petitioner but find no merit in the same. The delay whatsoever was caused in making payment of his retiral benefits is attributable to the petitioner and not to his employer department. Admittedly he retired on 30.6.2016. As per the provisions of Rule 9.4(C) of Punjab Civil Services Rules Vol. II, Form PEN 15, the petitioner was required to submit his documents 8 months before his due date of retirement so that the department could complete the formalities like obtaining of no dues certificate (NDC), vigilance clearance certificate sanctions/approvals etc. regarding employees pension case from other departments and also within department. Since he was due for retirement on. 30.6.2016, he was to submit the complete pension papers by 31.10.2015 but instead, he submitted the same on 03.08.2016 i.e two months after his retirement . There was hence delay of ten months here only. Executive Engineer Water Supply & Sanitation (Mechanical) Division, Patiala sent the case on dated 04.08.2016 to higher authorities as well as concerned authorities i.e ( where petitioner had served during the his tenure of service) for No Dues Certificate and approval of pension case of the petitioner.
That the pension case of petitioner had been sent to Respondent No. 3 vide Superintending Engineer, Water Supply and Sanitation Circle Patiala vide letter no. 2137 dated 24.08.2016. Respondent No. 3 asked vide letter no. JSS/A(3)16/23935 dated 05.09.2016 Executive Engineer ( Mechanical) Division Patiala for attachment of self Declaration Performa which was to be signed by the petitioner, hence returned the pension case to the said office vide letter No. 27922 of 10.10.2016 for compliance of some observations Executive Engineer (Mechanical) Division, Patiala vide letter no. 5459 dated 21.12.2016 again sent the pension case to Respondent no.3 after removing objections for requisite action On completion of the final verification of documents, pension case was sent to the office of Accountant General, Punjab, Chandigarh vide letter no JSS/A/1(3) 17/1384 dated 17.01.2017. by Respondent No. 3 for issuance of verification report of admissibility of Pension/ Gratuity in favour of petitioner. Thereafter, office of Accountant General Punjab Chandigarh issued verification report of admissibility of pension/gratuity in favour of petitioner vide letter No.PAN-09/2181761452/2016-17 /PE 17/10/80126785 dated 28.02.2017. On receiving verification report from Accountant General, Punjab Chandigarh respondent No. 3 had give