The High Court
Case Details
CWP-9982- -2021 1 IN THE HIGH COURT OF PUNJAB IN TH AT CHANDIGA NJAB AND HARYANA DIGARH 249 CWP-9982-2021 Date of decision:17.11.2025 Sardool Sing l Singh (since deceased) through his L h his LRs State of Punja f Punjab and others SUS VERSUS .....Petitioner ioners .....Responden ondents CORAM: HON'BLE MR. JUSTICE HA E HARPREET SINGH BRAR Present :
Legal Reasoning
No. 025 passed by this Court in CWP No. 7727 of 202 2025 titled Paramjit Kaur vs. Sta , the . State of Punjab and others, the Government ment of Punjab has constituted an Em letter an Empowered Committee vide letter dated 16.04.2 16.04.2025. The said Committee was unjab ee was established under the Punjab Dispute Reso e Resolution & Litigation Policy, 202 ge the y, 2020, which aims to encourage the swift resolut resolution of disputes, reduce futur s the future litigation, and address the considerable erable backlog faced by the Courts. 6. In view of the above without n the ithout further commenting upon the merits of the of the case, the present petition is disp
Arguments
Mr. H.S. Dhindsa, Advocates for for the petitioner. njab. Mr. Vikas Arora, DAG, Punjab. Ms. Kavita Arora, Advocate for te for respondent No.4. HARPREET REET SINGH BRAR, J. (Oral) 1. The present petition(s) has been 27 of s been filed under Article 226/227 of the Constitut nstitution of India for issuance of a w mus of a writ in the nature of mandamus directing the g the respondents to release the re pe of the retiral benefits in the shape of DCRG, Leav , Leave encashment, Provident fund et t from fund etc along with 18% interest from the date the te the said fund became due and di not to and directing the respondents not to deduct amou amount of Rs.53484/- from the retiral terest tiral benefits on account of interest given by resp y respondent No.4 on the employers c as the oyers contribution towards CPF as the delay in dep in depositing contribution of Rs.13 ly to Rs.13,206/- is attributable only to respondent N dent No.4 and also to release the prov st. e provident fund along with interest. Further, for is r, for issuance of a writ in the nature o ture of certiorari for setting aside the de the PUNEET CHAWLA 2025.11.20 10:54 I attest to the accuracy and integrity of this document CWP-9982- -2021 2 resolution da ion dated 26.07.2019 i.e. order of forf ments of forfeiture of two annual increments and the rema remarks in the service book regardin from garding recovery of Rs.40680/- from the retiral ben ral benefits to be released to the petitio petitioner. 2. Learned counsel for the petition petitioner inter alia contends that the the deceased peti ed petitioner retired from the service a ut his rvice as a Clerk on 31.03.2017 but his retiral benefit benefits were not released. Further the wards the employer contribution towards CPF became ecame due in November, 1994, howev laxity however, due to administrative laxity of the respon respondents, the recovery of Rs.534 m the Rs.53484/- has been made from the retiral benefi benefits of the petitioner on account ndent count of interest given by respondent No.4 on the e n the employer contribution towards C ng the ards CPF. The delay in depositing the employer co er contribution cannot be fastened tioner. tened upon the deceased petitioner. Learned coun d counsel further submits that the cha ued in the charge sheet which was issued in the year 201 ar 2013 was concluded only in 2019 years 2019 after a long delay of 6 years which itself itself is sufficient to suffocate the e dings. the entire disciplinary proceedings. Learned coun d counsel further submits that the de led to the deceased petitioner is entitled to interest on ac t on account of delay in releasing the r e date g the retiral benefits from the due date till its realiza realization in terms of terms of the judg Bench he judgment rendered by a Full Bench of this Court Court in A.S. Randhawa Supg. Engi njab ngineer (Retd.) vs. State of Punjab 1998 (1) SCT SCT 343. 3. On the other hand, learned ent(s) rned counsel for the respondent(s) submits that, s that, admittedly, the retiral benefits w f four efits were released after a gap of four years; howev however, no recovery was effected tioner fected from the deceased petitioner toward the am the amount of ₹53,484/-, which was est for h was liable on account of interest for delayed paym d payment. It is contended that the on ins to the only surviving dispute pertains to PUNEET CHAWLA 2025.11.20 10:54 I attest to the accuracy and integrity of this document CWP-9982- -2021 3 the stoppage ppage of two annual increments fr of the nts from the retiral benefits of the deceased pet ed petitioner, amounting to Rs.40,680 d that .40,680/-. It is further submitted that the deceased eased petitioner did not challenge the ure of ge the order imposing the forfeiture of two annual in nual increments, and therefore, the pre to be he present writ petition deserves to be dismissed. 4. I have heard learned counsel fo erused nsel for the parties and have perused the case reco e record with their able assistance. It t matter ce. It transpires that the subject matter of dispute in ute in the present writ petition perta s than pertains to an amount of less than Rs.50,000/- -, and the limited issue is with re of the with respect to the entitlement of the deceased pet ed petitioner, through his legal repr n the l representatives, to interest on the delayed paym d payment of retiral dues. 5. It has also been brought to th to the notice of this Court that i hat in compliance ance of the order dated 20.03.2025 pa
Decision
rms: is disposed of in the following terms: i. The Empowered Committee unjab ittee constituted under the Punjab Litigation Policy is hereby directed to Litigat ion as ted to treat the present writ petition as a comprehensive representation and to a comp upon and to consider and adjudicate upon PUNEET CHAWLA 2025.11.20 10:54 I attest to the accuracy and integrity of this document CWP-9982- -2021 4 the issue raised herein. In the altern the iss tioner alternative, the deceased petitioner through his LRs shall be at liberty to s through tation rty to submit a detailed representation setting out claim within a period of setting ate of iod of four weeks from the date of receipt of a certified copy of this order. receipt order. ii. The Committee shall pass a rea r after easoned and speaking order after granting an opportunity of personal he grantin tioner, onal hearing to the LRs of petitioner within a period of three months from t within rtified from the date of receipt of a certified copy of this order, or from the date of copy o ion of ate of receipt of the representation of the LR LRs of petitioner, as the case may taken e may be. Further, the decision taken thereof shall be conveyed to the LRs o thereof say, if LRs of petitioner. Needless to say, if the dec deceased petitioner is found entitle same entitled to the relief sought, the same shall be granted to LRs of petitioner fo shall b forthwith. 7. Pending miscellaneous applica stand pplications, if any, shall also stand ed of. disposed of. RAR) (HARPREET SINGH BRAR) JUDGE November P.C 17, 2025 Whether speaking/r Whether Reportable king/reasoned. : Yes/No Yes/No ortable. : PUNEET CHAWLA 2025.11.20 10:54 I attest to the accuracy and integrity of this document