Ashwani Kumar v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-19035-2023 Date of Decision : February 05, 2026 ASHWANI KUMAR -PETITIONER V/S STATE OF PUNJAB AND OTHERS -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Vivek Singla, Advocate for the petitioner.

Mr. Sahil R. Bakshi, A.A.G., Punjab.

*** KULDEEP TIWARI, J. (ORAL) 1.

Through the present writ petition, the petitioner seeks issuance of directions to the respondents for release of his pensionary benefits, namely pension, leave encashment, arrears of service benefits due w.e.f. 24.05.2016, and arrears of proficiency step-up w.e.f. 24.05.2020. 2.

Learned counsel appearing on behalf of the petitioner submits that, as of now, only two components of the pensionary benefits, namely leave encashment and gratuity, remain unpaid. It is further contended that the petitioner's entitlement to interest on account of delayed disbursement of pensionary benefits has not been considered by the competent authority. 3.

At this stage, learned State counsel, on instructions received from Er. Puneet Bhasin, Executive Engineer, Water Supply and Sanitation, Division No. 02, Jalandhar, submits that the entire amount towards leave encashment has already been released to the petitioner on 04.02.2026. It is further stated that with regard to gratuity, the matter has already been taken DEVINDER YADAV 2026.02.06 15:36 I attest to the accuracy and authenticity of this order/judgment

CWP-19035-2023 up by the competent authority and the said amount shall be released to the petitioner within a period of three months from today. 4.

With respect to the delay in release of the pensionary benefits, learned State counsel submits that the petitioner had earlier been chargesheeted and was subjected to departmental proceedings, culminating in the imposition of departmental punishment, on account of which the delay in disbursement of the pensionary benefits occurred. 5.

This Court has heard the learned counsel for the parties. In view of the fact that the amount towards leave encashment has already been released to the petitioner, as informed by learned State counsel, and the assurance given regarding payment of gratuity within a period of three months, the only surviving issue for consideration is the petitioner's claim for interest on the delayed payment of pensionary benefits. This Court finds that the said issue has not been examined by the competent authority. Accordingly, it is directed that, in the event the petitioner submits a detailed representation to the competent authority within a period of 30 days from today, the latter shall consider and decide the issue of petitioner's entitlement to interest on delayed payment within a period of three months thereafter, after affording due opportunity of hearing to the petitioner. 6.

Disposed of accordingly.

(KULDEEP TIWARI) February 05, 2026 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2026.02.06 15:36 I attest to the accuracy and authenticity of this order/judgment