Sant Ram v. State of Punja f Punjab and others

HON'BLE MR. JUSTICE HA E HARPREET SINGH BRAR Present : Ms. Shruti Jain Goyal with Ms. th Ms. Sheena Dahiya, Advocates for the petitioner(s). unjab. Mr. Vikas Sonak, AAG, Punjab. Mr. Parveen Chauhan, Advoca Wasu, Advocate for respondents ndents No.2, 4 and 5. Singh dvocate for Mr. Gagandeep Singh Mr. Abhilaksh Gaind, Standing Advocate for respondent No.6 in Jarial, nding Counsel with Ms. Priya Jarial, o.6 in all cases. HARPREET REET SINGH BRAR, J. (Oral)

1. This order shall dispose of the titions f the above-mentioned writ petitions as they arise arise from a similar factual matrix. H revity, trix. However, for the sake of brevity, the facts are t

020. ts are taken from CWP-17922-2020.

2. The petitioner has approached t resent ched this Court by filing the present writ petition tition under Articles 226 of the Consti Constitution of India on the following prayers:- “a) Praying for issuan re of issuance of a writ in the nature of certiorari for setting aside the im .2020 the impugned reply dated 14.09.2020 (Annexure P-10), whereby, the ouncil y, the respondent Municipal-Council has illegally and arbitrarily den er qua ly denied the claim of petitioner qua the grant of pension on the gr is not the ground that the petitioner is not entitled to pension being the em as the the employee of PWSSB, whereas the peculiar facts and circumstances at the stances of the case highlights that the petitioner was employee of res cil, as of respondent Municipal Council, as he was absorbed by the respond before espondent Municipal Council, before being transferred to PWSSB on , from SB on the basis of deputation, from where the petitioner retired from d from the service. PUNEET CHAWLA 2026.02.19 18:22 I attest to the accuracy and integrity of this document CWP-17922 922-2025 and two connected matters 3 b) Further praying for nature ng for issuance of a writ in the nature of mandamus directing the respo ension e respondents to grant/release pension retiral/pensionary service benefits servic (gratuity, encashment, CPF and other du her dues and arrears etc) along with 18% interest to the petitioner t r it is ioner till its realization. Further it is prayed that in case this Cour n that Court comes to a conclusion that petitioner is employee of PWSS ctions PWSSB, then in alternative directions may be given to the responde CPF spondents to grant the entitled CPF amount along with interest @ 1 lay in st @ 18% per annum for the delay in payment till its realization.”

3. Learned counsel for responde utset, spondent No.6, at the very outset, submits that s that the entire retiral dues payable yable to the petitioners already stand disbursed. It ed. It is contended that the particular rticulars of such payments have been duly delineat elineated in the reply filed on behalf ehalf of respondent No.6. The delay occasioned in ned in the release of retiral benefits ha ied on efits has been sought to be justified on account of a t of acute financial constraints and urther s and paucity of funds. He further submits that hat respondents No.2, 4 and 6 nd 6 have already liquidated their respective sh ive shares of all admissible retiral due s and, al dues payable to the petitioners and, therefore, no re, nothing substantive survives for a t writ s for adjudication in the present writ petitions.

4. In rebuttal, learned counsel fo s that sel for the petitioners submits that though the the retiral dues have eventually b ally been released, the same were disbursed in ed in a piecemeal manner, commenc th the mencing from 10.04.2020, with the final instalm nstalment having been released onl thus, d only on 13.09.2021. It is, thus, contended th ded that there has been an inordin inordinate, unexplained and wholly PUNEET CHAWLA 2026.02.19 18:22 I attest to the accuracy and integrity of this document CWP-17922 922-2025 and two connected matters 4 unjustified de fied delay in the settlement of retiral ntitles retiral benefits, which, per se, entitles the petitioner itioners to the grant of interest in view by the in view of the ratio laid down by the Full Bench in ench in A.S. Randhawa, Superintend tending Engineer (Retd.) vs. State of Punjab, , 1998 (1) SCT 343. Learned rned counsel further submits, upon instructions, tions, that the petitioners would rest sa priate rest satisfied in the event appropriate directions are ns are issued to the respondents for r unt of s for release of interest on account of delayed paym d payment. However, she fairly do actual rly does not controvert the factual position that n that the principal retiral dues now sta ow stand fully paid.

5. I have heard learned counsel erable unsel for the parties at considerable length and h and have perused the pleadings and s and material placed on record with their able ass le assistance. A perusal of the reply fi nt No. eply filed on behalf of respondent No. 6 clearly indi ly indicates that the retiral dues were a tioner were admittedly paid to the petitioner in instalment lments, resulting in an inordinate dela ads as te delay. The relevant extract reads as under: a) b) c) d) e) f) Gratuity Leave encashment PF PF installments Balance revised pay scale to be deposited in PF Balance of enhanced PF DA to be deposited in PF tal: Total: 6,13,655/- 3,03,906/- 2,23,608/- 84,208/- 13,288/- 51,824/- 12,90,489/- PUNEET CHAWLA 2026.02.19 18:22 I attest to the accuracy and integrity of this document CWP-17922 922-2025 and two connected matters 5 Whole of the above said dues r as ues stand paid to the petitioner as under:- Cheque No 085704 088981 097612 101488 Dated 10.04.2020 31.03.2021 06.07.2021 13.09.2021 Total Amount 1,00,000/- 2,23,608/- 1,00,000/- 8,66,881/- 12,90,489/- It transpires, from the admitted mitted factual matrix, that the claim raised by th by the petitioners is no longer res uarely er res integra and stands squarely governed by ed by the authoritative pronounceme A.S. ncement of the Full Bench in A.S. Randhawa (supra). The Full Bench has d that has unequivocally enunciated that pensionary a nary and retiral benefits do not part t partake the character of a bounty dependent up ent upon the discretion of the employe vested mployer, but rather constitute a vested and enforcea forceable right accruing to an employ It has mployee upon superannuation. It has been further urther authoritatively held that any c ase of any culpable delay in the release of such dues be ues beyond a reasonable period qua d quantified therein as two months would ipso pso facto entail a corresponding l yer to ding liability upon the employer to recompense ense the retiree by way of interest on t est on the belated disbursement.

6. In view of the aforesaid factual ithout actual and legal position, and without embarking up ing upon any further adjudication on versy, ion on the merits of the controversy, the present w sent writ petitions are disposed of w d of with a direction to respondents No.2 to 6/com 6/competent authority to compute and ute and release interest on the delayed payment of a nt of arrears payable to the petitioners terest ioners @ 6% per annum. The interest shall be calcu e calculated upon expiry of two mont tes of months from the respective dates of retirement of ent of the petitioners and shall run till un till the date of actual realization. PUNEET CHAWLA 2026.02.19 18:22 I attest to the accuracy and integrity of this document CWP-17922 922-2025 and two connected matters 6

7. Let the aforesaid exercise be u dition e be undertaken with due expedition and the conse consequential monetary benefits be r within ts be released to the petitioners within a period of th d of three months from the date of re of this of receipt of a certified copy of this order.

8. Pending miscellaneous applicat stands plication(s), if any, shall also stands ed of. disposed of.

9. Registry is directed to place a n the ace a photocopy of this order on the paper-books ooks of the connected matters. RAR) (HARPREET SINGH BRAR) JUDGE February 17 P.C 17, 2025 Whether speaking/r Whether Reportable king/reasoned. : Yes/No Yes/No ortable. : PUNEET CHAWLA 2026.02.19 18:22 I attest to the accuracy and integrity of this document