Date o Jaswant Sing t Singh Sodhi itioner v. The Punjab S njab State Cooperative Supply & Mark Marketing Federation Ltd
Case Details
CWP-11254 254-2022 1 N THE HIGH COURT OF PUNJA IN TH AT CHANDIGA NJAB AND HARYANA DIGARH 211 CWP WP-11254-2022 , 2025 Date of Decision: December 19, 2025 Date o Jaswant Sing t Singh Sodhi itioner ....Petitioner SUS VERSUS The Punjab S njab State Cooperative Supply & Mark Marketing Federation Ltd. ...Responde pondent CORAM:
Legal Reasoning
pdg. this Court in A.S. Randhawa Supdg. Engineer (R r (Retd.) vs. State of Punjab 1998 unsel 998 (1) SCT 343. Learned counsel for the petit e petitioner further submits that, at oner’s at, at the time of the petitioner’s retirement, no ent, no disciplinary or judicial proceed t him, roceedings were pending against him, nor had any d any charge-sheet been issued. In nding ed. In the absence of any pending proceedings dings or charge-sheet, the responden aw to pondent has no authority in law to withhold the ld the petitioner’s retiral dues. 3. Learned counsel for the petitione sheet etitioner supplied the calculation sheet of the retiral retiral dues in the Court which is ord as is ordered to be taken on record as Mark ‘X’. R . Registry is directed to place the place. ce the same at an appropriate place. Copy thereof thereof is also supplied to the oppos has opposite counsel. The petitioner has received the d the following amounts without an ad as out any interest, which may read as under:- Date of Petitioner’s retirement Date of Release 31.08.2009 31 Towards No. Sr. No. 1. 05.10.2011 Gratuity Amount/ Rs. 4,00,245/- PUNEET CHAWLA 2025.12.22 11:22 I attest to the accuracy and integrity of this document CWP-11254 254-2022 3 2. 3. 4. 5. 15.03.2021 Leave eave encashment 2,91,590/- 15.03.2021 Amoun mount of arrears 2,11,744/- 15.03.2021 Balan alance Gratuity 37,140/- 07.04.2022 Illega legal deductions 5633/- 07.04.2022 16605/- 4. Per contra, learned counsel for at the el for the respondent submits that the retiral dues h dues have already been paid to the peti ble to he petitioner. However he is unable to dispute that t that there has been an inordinate de retiral ate delay in the release of the retiral dues and tha nd that the case of the petitioner st y the ner stands squarely covered by the judgment pas ra). passed in A.S. Randhawa (supra). 5. Having heard the submission m or the sion made by learned counsel for the parties and a and after perusing the record with th spires ith their able assistance, it transpires that the petiti e petitioner retired from the service on l dues ice on 31.08.2009 and his retiral dues have been p een paid after an inordinately long was y long delay. The respondent was obligated to r ed to release his all retiral dues within ment. within two months of his retirement. As such, his h, his case is squarely covered by th a Full by the judgment rendered by a Full Bench of this of this Court in A.S. Randhawa (sup d that (supra) wherein it was opined that disbursement ement of pension and other benefits ust be nefits payable at retirement must be done in a tim n a timely manner. Any delay over a ua the over a period of two months qua the said disburse sbursement would entitle the retired em on the ired employee to claim interest on the t due. amount due. 6. In view of the above, the prese f with present petition is disposed of with direction to to the respondent/competent autho n the t authority to release interest on the PUNEET CHAWLA 2025.12.22 11:22 I attest to the accuracy and integrity of this document CWP-11254 254-2022 4 delayed paym d payment of the admissible retiral du ner at tiral dues accrued to the petitioner at the rate of 6% e of 6% per annum. Such interest shal expiry st shall be calculated from the expiry of two mont months after his retirement until th The ntil the date of actual payment. The needful be do l be done within a period of three mon pt of a e months from the date of receipt of a certified copy d copy of this order. 7. Pending miscellaneous ap stands ous application(s), if any, also stands
Arguments
HON'BLE MR. JUSTICE HA HARPREET SINGH BRAR Present : Mr. Lovedev Singh, Advocate fo cate for the petitioner. Mr. Naresh Gopal Sharma, Advo Advocate for the respondent. ingh, , Advocate for Mr. Mehardeep Singh 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 praying for issuance re of suance of a writ in the nature of mandamus di directing the respondents to releas f 18% release the interest at the rate of 18% for the delay delayed period of withholding the s and ng the payment of retiral dues and payment of a nt of arrears of salary by the respond in an espondent without any reason, in an arbitrary ma ry manner. Further praying for se dated for setting aside the order dated 07.04.2022 (A 022 (Annexure P-8). 2. Learned counsel for the petition at the etitioner, inter alia, contends that the petitioner re er retired from the service of t , on of the respondent-Federation, on PUNEET CHAWLA 2025.12.22 11:22 I attest to the accuracy and integrity of this document CWP-11254 254-2022 2 31.08.2009 009 as Field Officer, yet his re sed is retiral dues were not released immediately iately upon his retirement. The re nd to he respondent was duty-bound to disburse the s e the same within two months from t ever, from the date of retirement; however, the petitioner titioner’s pensionary benefits were re dinate ere released only after an inordinate and unjustifi justified delay. As such, the delay i l dues elay in releasing all his retiral dues entitles the pe the petitioner for grant of interest on d of the st on delayed payment in terms of the judgment ren nt rendered by a Full Bench of this C
Decision
ed of. disposed of. ber 19, 2025 December 19 P.C RAR) (HARPREET SINGH BRAR) JUDGE Whether speaking/reasone Whether Reportable. : easoned. : Yes/No Yes/No PUNEET CHAWLA 2025.12.22 11:22 I attest to the accuracy and integrity of this document