Asha Rani v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-13006-2024 (O&M) Date of decision: 09.12.2025 Asha Rani ....Petitioner

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. Himanshu Setia, Advocate for Mr. Ishan Gupta, Advocate for the petitioner.

Mr. Puru Jarewal, DAG, Punjab.

Mr. Vikram Preet Arora, Advocate for respondent No.3 (through video conferencing). HARPREET SINGH BRAR J. (Oral) 1.

Prayer in this writ petition filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for quashing the impugned speaking order dated 21.03.2022 (Annexure P-3). Further a writ of mandamus has been sought, directing the respondents to grant complete amount of gratuity to the petitioner on the basis of Rule 18 of the Punjab Municipal Safai Karamchari Services Rules, 1984 read with the provisions of The Gratuity Act, 1972, with interest @ 18% per annum for the delayed payment till its realization. 2.

Learned counsel for the petitioner submits that the respondents have passed an incomplete and misleading speaking order

in terms of the direction issued by this Court in CWP-18934-2021, titled as Asha Rani vs State of Punjab and others, decided on 05.10.2021. He further submits that the admissible dues calculated by the respondents are incorrect and also disputed the amount determined by the respondents. In this regard, the petitioner has submitted a detailed representation dated 15.04.2024 (Annexure P-4) and also claimed enhanced gratuity and interest on account of delay in releasing the retiral dues by relying upon the judgment rendered by Full Bench of this Court in A.S. Randhawa Supg. Engineer (Retd.) vs. State of Punjab 1998 (1) SCT 343 wherein it was opined that disbursement of pension and other benefits payable at retirement must be done in a timely manner.

2.

Learned counsel for the petitioner, at this stage, submits that he would be satisfied in case the issue involved in the present petition is considered and decided by the Empowered Committee constituted under the Punjab Dispute Resolution & Litigation Policy, 2020 (hereinafter 'Punjab Litigation Policy') which was notified vide Notification dated 25.06.2020.

3.

Learned State counsel as well as learned counsel for respondent No.3 submits that he has no objection in case a direction is issued to the Empowered Committee constituted under the Punjab Litigation Policy for a time-bound consideration and decision of the issue involved in the present petition by passing a speaking order.

4.

I have heard learned counsel for the parties and perused the record with their able assistance.

5.

In compliance with the order dated 20.03.2025 passed by this Court in CWP-7727-2025 titled as Paramjit Kaur vs. State of Punjab and others, the Government of Punjab has constituted an Empowered Committee vide letter dated 16.04.2025. The said Committee was established under the Punjab Dispute Resolution & Litigation Policy, 2020, which aims to encourage the swift resolution of disputes, reduce future litigation and address the considerable backlog faced by the Courts.

6.

In view of the above, the present petition is disposed of in the following terms:- i. The Empowered Committee constituted under the Punjab Litigation Policy is directed to treat the present writ petition as a comprehensive representation and consider and adjudicate upon the issue raised herein. In the alternative, the petitioner shall be at liberty to submit a detailed representation setting out the claim within a period of two weeks from the date of receipt of a certified copy of this order.

ii. The Committee shall pass a reasoned and speaking order, after granting an opportunity of personal hearing to the petitioner, within a period of four months from the date of receipt of a certified copy of this order or from the date of receipt of the representation of the petitioner, as the case may be. Furthermore, the decision taken thereof shall be conveyed to the petitioner. Needless to say, if the petitioner is found entitled to the relief sought, the same

shall be granted to her forthwith with interest @ 6% per annum in terms of A.S. Randhawa's case (supra). 7.

Pending miscellaneous applications, if any, shall also stand disposed of.

(HARPREET SINGH BRAR) JUDGE 09.12.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No