Punjab-Haryana High Court
Govind Kumar And Anr vs State Of Punjab And Others on 21 November, 2025
1
CWP-8033--2023
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
204 CWP
CWP-8033-2023
Date of Decision: November 21,, 2025
Govind Kumar and another
....Petitioners
....Petitioner
VERSUS
State of Punjab and others
...Respondents
...Respondent
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present : Mr. Surinder Garg,, Advocate for the petitioners.
Mr. Vikas Arora, DAG, Punjab.
Ms. Deepali Puri, Advocate for respondent No.4.
HARPREET SINGH BRAR,
BRAR J. (Oral)
1. The present petition has been filed under Article 226
226/227 of the
Constitution of India praying for issuance of a writ
writ, order or directions in the
nature of mandamus directing the respondent No.4 to pay interest @ 18%
p.a. on the delayed payment of retiral benefits of the late father of petitioners
to them which has been paid after a period of one year.
2. Learned counsel for the petitioner
petitioners inter alia contends that the
father of petitioners
petitioner retired from the services of respondent No.4-Municipal
Municipal
Council, Gidderbaha on 31.03.2020,
31.03.2020 and all his retiral dues were not
released immediately upon his retirement and the respondents are obligated
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CWP-8033--2023
to release his retiral dues within two months after the date of his retirement.
The
he pensionary benefits accrued to the late father of the petitioner were
ere
released after an
a inordinate delay.. As such, the delay in releasing all his
retiral dues entitles
entitle the petitioners for grant of interest on delayed payment
in terms of terms of the judgment rendered by a Full Bench of this C
Court
urt in
A.S.. Randhawa Supdg.
Sup g. Engineer (Retd.) vs. State of Punjab 1998 (1) SCT
343.
3. Per contra,, learned counsel for the respondent(s) submit
submits that
the retiral
ral dues have already been paid,
paid, however, is unable to dispute that
there has been an inordinate delay in the release of the retiral dues and the
case of the father of petitioners stands squarely covered by the judgment in
A.S. Randhawa (supra).
(supr
4. Having heard the submission made by learned counsel for the
parties and after perusing the record with their able assistance, it transpires
that the petitioners
petitioner were paid retiral dues of their father after an inordinately
delay. As per the own reply
reply of respondent No.4, details of the payments
made are set out as under:-
under:
Sr. Particulars Amount to be Amount Paid Dated
No. given
1. Gratuity 985915/- 100000/- 31.3.2020
50000/- 20.5.2020
50000/- 19.6.2020
25000/- 19.7.2020
25000/- 7.9.2020
25000/- 21.9.2020
25000/- 27.10.2020
25000/- 11.11.2020
10000/- 27.11.2020
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CWP-8033--2023
25000/- 8.12.2020
10000/- 21.12.2020
100000/- 12.2.2021
100000/- 12.2.2021
50000/- 18.3.2021
50000/- 18.3.2021
25000/- 22.9.2021
25000/- 22.9.2021
25000/- 6.7.2021
25000/- 6.7.2021
107958/- 5.8.2021
107957/- 5.8.2021
2 Increased 117584/- 10000/- 15.1.2024
Gratuity 10000/- 15.1.2024
20000/- 14.2.2024
20000/- 14.2.2021
28792/- 10.4.2024
28792/- 10.4.2024
3. Leave 416810/- 208405/- 5.8.2021
encashment 208405/- 5.8.2021
4. Close Balance 334822 167411/- 13.9.2021
in PF Account 167411/- 13.9.2021
5. Installment of 260462/- 8637/- 5.8.2021
PF (CPF
( and 8637/- 5.8.2021
PF Advance) 121595/- 13.9.2021
121593/- 13.9.2021
6. Outstanding 14285/- 7143/- 13.9.2021
amount as per 7142/- 13.9.2021
increase scale
which is yet to
be deposited in
PF
7 The increase 33213/- 13.9.2021
amount of DA 33214/- 13.9.2021
of different
time which are
yet to be
deposited in
PF
Total 2196305/- 2196305/-
The respondents were obligated to release all retiral dues within
two months of retirement of petitioner's father. As such, present case is
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CWP-8033--2023
squarely covered by the judgment rendered by a Full Bench of this Court
urt in
A.S.. Randhawa (supra) wherein it was opined that disbursement of pension
and other benefits payable at retirement must be done in a timely manner.
Any delay over a period of two months qua the said disbursement would
entitle the retired employee to claim interest on the amount due.
5. In view of the above, the present petition is disposed of.
of
Respondent are directed to ensure the release the amount of interest on
Respondents
delayed payment to the petitioners
petitioner at the rate of 6%
% per annum in lieu of all
admissible retiral dues.
dues The same shall be calculated from two months after
retirement of father of petitioners till its actual realization. The
respondent(s)/competent authority is directed to do the needful within 03
months of receipt of a certified copy of this order.
6. Pending
ding miscellaneous application(s), if any
any,, also stands
disposed of.
(HARPREET SINGH BRAR)
JUDGE
November 21, 2025
P.C
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
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