State of Punja Punjab and others SUS v. itioner
Case Details
CWP-7798- -2023 1 IN THE HIGH COURT OF PUNJAB IN TH AT CHANDIGA NJAB AND HARYANA DIGARH 271 Gurcharan Si ran Singh CWP-7798-2023 Date of decision:17.11.2025 State of Punja Punjab and others SUS VERSUS itioner .....Petitioner .....Responden ondents CORAM: HON'BLE MR. JUSTICE HA E HARPREET SINGH BRAR Present : Mr. Manipal S. Yadav and Mr.
Legal Reasoning
of this Court in A.S. Randhawa Sup te of updg. Engineer (Retd.) vs. State of Punjab 1998 1998 (1) SCT 343 and judgment of ash ent of this Court passed in Subhash Chand Bansa ansal (supra). 3. Per contra, learned counsel f ration nsel for the respondent-Corporation submits that s that all retiral dues of the petitioner w ter he ioner were released forthwith after he was exonerat onerated and given a clean chit in Oct period in October 2023, i.e., within a period of two month months. 4. I have heard the learned coun gone d counsel for the parties and gone through the c h the case file with their able assistan e time sistance. It transpires that at the time of retirement rement of petitioner no charge-sheet . As sheet was pending against him. As PUNEET CHAWLA 2025.12.01 11:31 I attest to the accuracy and integrity of this document CWP-7798- -2023 3 such, employ mployer has no right to initiate proc f any e proceedings in the absence of any statutory man andate. 5. A Two Judge Bench of the H Y.K. the Hon’ble Supreme Court in Y.K. Singla v. Pu . Punjab National Bank, (2013) rough 13) 3 SCC 472 speaking through Justice J.S Kh J.S Khehar observed that, “22. Act or claim o Gratui In order to determine which of t t or the 1995 Regulations) would be aim of the appellant, it is also essen ratuity Act, which is being extracted of the two provisions (the Gratuity tuity the ld be applicable for determining the f the ssential to refer to Section 14 of the cted hereunder: enactments, etc.—The provisions of s of “14.Act to override other enac thereunder shall have effect ffect e t this Act or any rule made this any nsistent therewith contained in any notwithstanding anything inconsist not tract t or in any instrument or contract ena enactment other than this Act or nactment other than this Act.” having effect by virtue of any enactm hav lied) (emphasis supplied) A peru status any ot incons employ gratuit Gratui provisi (includ provisi “instru of law Regula perusal of Section 14 leaves no room tus has been vested in the provisio y other enactment (including any consistent therewith. Therefore, ins ployee to gratuity is concerned, it i atuity of an employee is not regula ratuity Act, the legislature havin ovisions of the Gratuity Act over a cluding any instrument or contrac ovisions of the Gratuity Act ca nstrument” and the phrase “instrum law” shall most definitely be gulations, which regulate the payme rior room for any doubt that a superior vis visions of the Gratuity Act vis-à-vis any other instrument or contract) act) f an , insofar as the entitlement of an here , it is apparent that in cases where gulated under the provisions of the f the having vested superiority to the the ents ver all other provisions/enactments tract having the force of law), the , the t cannot be ignored. The term term orce trument or contract having the force be deemed to include the 1995 995 nt.” yment of gratuity to the appellant.” 6. A Two Judge Bench of the urt in of the Hon’ble Supreme Court in Jyotirmay R y Ray v. The Field General Man ank Manager, Punjab National Bank 2023 INSC 9 SC 979 while speaking through Jus de the gh Justice J.K Maheshwari made the following obs ing observation, “20. T Regula 0. The Bank harmonizing the provi gulations and the Gratuity Act 979 rovisions of Regulation 46 of 1979 on ct issued Circular No. 1563 on PUNEET CHAWLA 2025.12.01 11:31 I attest to the accuracy and integrity of this document CWP-7798- -2023 4 division. Therein harmonizing the the es 8 f the Gratuity Act and in clauses 8 d be nces as to when gratuity could be have ose clauses are relevant and have TY UNDER ACT yment of gratuity act, is liable to full full ent circumstances. Section 4(1) of ) of tion ayment of gratuity whereas section s as re of gratuity. Section 4(1) reads as .01.1997 through its personnel div 16.01.1 gulations with the provisions of the Regula d 14 of the Circular, the instances and 14 rfeited, have been specified. Those forfeite en reproduced as under: been re . FORFEITURE OF GRATUITY U "8. FO e gratuity payable under the paymen The gr partial forfeiture under different or par yment of gratuity act deals to paym payme 4(6) of 6) of the act deals with forfeiture of der: under: ratuity shall be payable to an empl Gratui ployment after he has rendered con employ e Years, five Ye On his superannuation, or a. On h , or On his retirement or resignation, or b. On h e to accident or disease. On his death or disablement due to a c. On h hall ontinuous service of five years shall ovided that the completion of contin Provid any ination of the employment of any t be necessary where the terminat not be ement. ployee is due to death or disablemen employ ction 4(6) provides as under: Section f his employee on the termination of his than continuous service for not less than "Notwithstanding anything conta a. The gratuity of an employe terminated for any act, wilful o any damage or loss to, or destru the employee, shall be forfeited loss so caused: b. The gratuity payable to an partially forfeited. I) If the services of such employ riotous or disorderly conduct o his part, or II) If the services of such empl any act which constitutes an off provided that such offence is co his employment. contained in sub-section (1) ployee, whose services have been been sing lful omission or negligence causing g to estruction of, property belonging to e or eited to the extent of the damage or y or o an employee may be wholly or ployee have been terminated for his r his e on uct or any other act of violence on for mployee have been terminated for ude, n offence involving moral turpitude, e of is committed by him in the course of OFFICERS ICE SERVICE DER UNDER PAYMENT 14. REGULATIONS Rules relating to payment of gra laid down under Regulation Regulations, 1979 which is as un (I) Every officer shall be eligible (a) Retirement, (b) death (c) d for further service as certified b the bank, or (d) resignation continuous service or terminati been f gratuity of officers staff have been vice ion 46 of PNB Officers Service as under:- gible for gratuity on: c) disablement rendering him unfit unfit ed by a medical officer approved by d by s of ion after completing ten years of way ination of service in any other way PUNEET CHAWLA 2025.12.01 11:31 I attest to the accuracy and integrity of this document CWP-7798- -2023 5 s of nt after completion of 10 years of except by way of punishment a service. Explanation: We have to clarif case of termination of service, s officers has put in at least 10 ye provided that the termination removal from service as punishm (II) The amount of gratuity pay month's pay for every complete maximum of 15 months' pay. Provided that where an officer years of service, he shall be eli additional amount at the rate of completed year of service beyon Pay for the purpose of gratuity basic pay only. While calculatin FPA drawn by an officer, w benefit, shall also be taken into a Note: If the fraction of servic service is six months or more, g the period. In this connection, purpose of calculating gratuity, months period is also to be taken n a combined reading of the provis gulations and the circular, it becom come payable to every officer on ret resignation except in a case of term y, by way of punishment after comp rvice.” On a c Regula becom on resi way, b service d in larify that gratuity may be paid in ice, subject to the condition that the t the 0 years of service with the bank and and l or ion is not by way of dismissal or ishment. payable to an officer shall be one one to a pleted year of service, subject to a fficer has completed more than 30 30 r an e eligible by way of gratuity for an each te of one half of month pay for each eyond thirty years. ean tuity in case of officer shall mean lating gratuity, that part of PQA & A & tion r, which rank for superannuation nto account. ervice beyond completed years of s of re, gratuity will be paid pro-rata for for the ion, we have to clarify that for the nd 6 tuity, the number of days, beyond 6 taken into account.” 979 rovisions of the Gratuity Act, 1979 ecomes clear that the gratuity shall hall n retirement, death, disablement or t or f termination of service in any other ther uous ompletion of 10 years of continuous 7. The provisions of Section 4(6) o y Act, 4(6) of the Payment of Gratuity Act, 1972, is also s also triggered only upon the "termin ervice termination" of an employee's service for specific a cific acts of misconduct. The petition rvices petitioner superannuated; his services were not "ter asure. ot "terminated" as a punitive measure. 8. The respondent's action of withh ble, as thholding gratuity is untenable, as it does not f not fall under any of the exhaustiv in the haustive conditions stipulated in the Payment of G nt of Gratuity Act, 1972. Gratuity can neous ity cannot be withheld for extraneous PUNEET CHAWLA 2025.12.01 11:31 I attest to the accuracy and integrity of this document CWP-7798- -2023 6 reasons. If th s. If the respondent seeks to recover a ing a over a loss, it must do so by filing a civil suit, not it, not by illegally withholding a statut statutory benefit. 9. In view of the above, the owed. , the present petition is allowed Respondents dents are directed to ensure the rele est on he release the amount of interest on delayed paym d payment to the petitioner at the rate of all e rate of 6% per annum in lieu of all admissible re ible retiral dues in terms of A.S. Ran shall Randhawa (supra). The same shall be calculated ulated from two months after his retir ation. is retirement till its actual realization. The responde spondent(s)/competent authority is dir within is directed to do the needful within 03 months of ths of receipt of a certified copy of thi of this order. 10. Pending miscellaneous applicat stands plication(s), if any, shall also stands
Arguments
for d Mr. Karan Sharma, Advocates for the petitioner. njab. Mr. Vikas Arora, DAG, Punjab. Mr. Angad Chahal, Advocate for ate for respondents No.2 and 3. HARPREET REET SINGH BRAR, J. (Oral) 1. The present petition has been fil of the een filed under Article 226/227 of the Constitution tution of India for issuance of a wr mus a writ in the nature of mandamus directing the the respondents to release service GPF, rvice arrear retirement gratuity, GPF, compute, leav te, leave encashment, GIS (arrears) or on the ars) or to grant him the interest on the delayed paym d payment of his service benefits on h legal s on his retirement or decide his legal notice dated dated 28.02.2023 (Annexure P-1) in ed by 1) in view of the decision passed by this Court in ourt in CWP-24729-2016, Subhash e of hash Chand Bansal Vs. State of Punjab and and others, decided on 02.04.2019 w ranted .2019 wherein, this Court has granted the interest @ rest @ 9% p.a. on delayed period. 2. Learned counsel for the petition at the etitioner, inter alia, contends that the PUNEET CHAWLA 2025.12.01 11:31 I attest to the accuracy and integrity of this document CWP-7798- -2023 2 petitioner reti er retired from service on 30.04.2021 at the .2021 as a Junior Engineer, and at the time of his r f his retirement, no disciplinary proc gainst y proceedings were pending against him. It is furt is further submitted that after the peti plaint he petitioner’s retirement, a complaint was filed by led by one Sh. Kulwinder Kumar in senior ar in connivance with certain senior officers of th s of the Corporation. Learned counse er has counsel argues that the petitioner has not committe mmitted any violation of the provis upply provisions of the Electricity Supply Instructions M tions Manual. It is submitted that the a ion of at the application for disconnection of the meter in q ter in question had already been receiv , and received by the concerned SDO, and the meter wa ter was disconnected only after obtain re, no obtaining his approval. Therefore, no loss has been s been caused to the Department or to unt of t or to the complainant on account of the alleged eged misconduct of the petitioner. r was oner. Ultimately, the petitioner was exonerated f ated from the disciplinary proceedin g the ceedings on 21.08.2023 during the pendency of cy of present writ petition. Learned at the arned counsel further prays that the case of the pe the petitioner is covered in terms of a Full s of the judgment rendered by a Full Bench of this
Decision
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 2025.12.01 11:31 I attest to the accuracy and integrity of this document