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High Court of Punjab and HaryanaCWP/15127/2026disposed of

Ram Lal v. State Of Punjab And Others

2026-05-15Mr. Justice Harpreet Singh Brar4 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 15.05.2026 Ram Lal ....Petitioner

VERSUS

State of Punjab and others

...Respondents

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

Mr. Nitesh Singla, Advocate for the petitioner. Ms. Pratibha Bali, AAG Punjab.

Mr. Birinder Pal, Advocate for respondent No.6. HARPREET SINGH BRAR, J. (Oral) 1.

The present writ petition has been filed under Articles 226/227 of the Constitution of India praying for issuance of a writ in the nature of mandamus directing the respondents to grant the arrears of revised pension after extending benefit of annual increment which became due on the day immediately following their retirement, along with consequential benefits for a period prior to 38 months from filing of earlier CWP-16259-2022, Onkar Singh and others Versus State of Punjab and others, decided on 28.07.2022 (Annexure P-7) in view of the fact that the aforesaid issue already stands generalized and settled by Hon'ble Supreme Court vide

judgment dated 20.02.2025 (Annexure P-6). Further praying for issuance of a writ in the nature of certiorari for quashing and setting aside the letter dated 28.11.2024 (Annexure P-10) issued by respondent No.5 and letter dated 10.07.2024 (Annexure P-9) issued by respondent No.1 to extent the said communications restrict the benefit of arears of revised pension only from the date of filing of petition.

2.

Learned counsel for the petitioner, inter alia, contends that the action of the respondents is wholly arbitrary and directly contrary to the clarification/orders passed by the Hon'ble Supreme Court in Civil Appeal No.3933-2023, Union of India Versus M. Siddaraj, decided on 20.02.2025 (Annexure P-6). It is submitted that the petitioner, having been a party to earlier CWP-16259-2022, is legally entitled to arrears extending to a period of three years prior to the filing of the said writ petition. It is further contended that the issue relating to grant of annual increment and consequential revision of pension already stands settled and has, in fact, been implemented by the respondents.

However, the dispute surviving in the present writ petition pertains only to the release of arrears for the period beyond 38 months preceding the filing of the earlier writ petition. 2.1 At this stage, learned counsel for the petitioner submits that the present writ petition may kindly be treated as a comprehensive representation and respondents No.

speaking order within a stipulated period, in the light of the judgments rendered by the Hon'ble Supreme Court in Civil Appeal No.2471-2023, The Director (Admn. and HR) KPTCL and others Versus C.P. Mundinamani and others, decided on 11.04.2023 (Annexure P-4), as well as Union of India Versus M. Siddaraj (supra), after affording an adequate opportunity of hearing to the petitioner and in accordance with law. 3.

On advance notice, Ms. Pratibha Bali, learned Assistant Advocate General, Punjab accepts notice on behalf of the respondent-State, whereas Mr. Birinder Pal, Advocate has put in appearance on behalf of respondent No.6. They submit that they have no objection in case a direction is issued to respondents No.5 & 6/competent authority to consider and decide the claim of the petitioner by passing a reasoned and speaking order in accordance with law.

4.

In view of the limited prayer made by learned counsel for the petitioner and without expressing any opinion on the merits of the case, the present writ petition is disposed of with a direction to respondents No.5 & 6/competent authority to treat the present writ petition as a comprehensive representation and to consider and decide the claim of the petitioner by passing a reasoned and speaking order, in accordance with law and in view of the aforesaid judgments, within a period of three months from the date of receipt of a certified copy of this order.

4.1 It is further directed that the decision so taken shall be communicated to the petitioner forthwith. Needless to observe that in case the petitioner is found entitled to the relief claimed, all consequential benefits shall also be granted expeditiously, in accordance with law. 5.

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

(HARPREET SINGH BRAR) JUDGE 15.05.2026 Puneet Chawla Whether speaking/reasoned. : Yes/No Whether Reportable. :

Yes/No