Yudhvir Singh And ORS v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-6863-2023 Date of Decision: 21.05.2026 YUDHVIR SINGH AND ORS

...Petitioners

Versus

STATE OF HARYANA AND ORS

...Respondents

CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR ****

Present:

Mr. Jagbir Malik, Advocate for the petitioners. Mr. Chirag Wadhwa, DAG Haryana.

None for respondent No.4.

HARPREET SINGH BRAR , J. (ORAL) 1.

The present writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari quashing the proceedings of the meeting of the Board of Directors dated 04.11.2022 (Annexure P-7), whereby the respondents imposed the condition of re-engagement of retired employees on contractual basis coupled with loan recovery targets for release of differential Leave Salary and Gratuity arising out of the implementation of the 7th Pay Commission. Further prayer has been made for issuance of a writ in the nature of mandamus directing the respondents to grant and release to the petitioners the benefits of revised pay scales under the 7th Pay Commission w.e.f. 01.01.2016 along with all consequential benefits including arrears, revised Leave Encashment and Gratuity in terms of Resolution dated 28.06.2017 (Annexure P-1) and

CWP-6863-2023 -2Agenda Item No.6 dated 08.01.2021 (Annexure P-3), along with interest @ 18% per annum from the date the same became due till actual payment. 2.

At this stage, learned counsel for the petitioners submits that, during the pendency of the present writ petition and subsequent to the issuance of notice by this Court, the respondents have already released the revised amount towards Gratuity and Leave Encashment in December, 2024. However, learned counsel contends that the grievance of the petitioners still survives insofar as no interest has been paid on the delayed disbursement of the aforesaid retiral benefits from the dates of their respective retirements till the actual date of release/payment in December, 2024. Learned counsel further submits that the petitioners shall be satisfied, at this stage, if liberty is granted to them to submit a comprehensive fresh representation before the respondent/competent authority seeking grant of interest on the delayed payment of the retiral dues in accordance with law. 3.

Learned counsel for respondents No.1 to 3 fairly submits that the respondents have no objection in case a direction is issued by this Court to the respondent/competent authority to consider and decide the representation to be submitted by the petitioners in accordance with law, within a stipulated period. Despite service, none has put in appearance on behalf of respondent No.4.

4.

I have heard learned counsel for the parties and perused the record.

5.

In the wake of the aforesaid submissions and keeping in view the limited prayer made by learned counsel for the petitioners, this Court is constrained to observe that the issue regarding payment of interest on

CWP-6863-2023 -3delayed retiral benefits is no longer res integra. Without expressing any opinion on the merits of the claim raised in the present writ petition, the instant petition is disposed of with liberty to the petitioners to submit a fresh representation(s) within a period of one month from the date of receiving a certified copy of this order, before the respondent/competent authority ventilating their grievance with regard to payment of interest on the delayed release of Gratuity and Leave Encashment.

6.

In the event such representation(s) is submitted, the respondents/competent authority shall consider and decide the same by passing a reasoned and speaking order, strictly in accordance with law and in terms of the judgment rendered by the Full Bench of this Court in A.S. Randhawa, Supdt. Engineer (Retd.) v. State of Punjab and others, 1997(3) SCT 468, within a period of three months from the date of submission of the representation(s). The decision so taken shall thereafter be communicated forthwith to the petitioners.

7.

Needless to say, if the petitioners are found entitled to the relief sought, the same shall be granted forthwith by the respondents/competent authority.

8.

Pending miscellaneous application(s), if any, shall also stand disposed of.

(HARPREET SINGH BRAR) JUDGE May 21, 2026 Nisha-1 Whether speaking/reasoned Yes/No Whether reportable Yes/No