Nirmal Singh Brar v. The State Of Punjab And Others

CWP No. 22488 of 2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (116) CWP No. 22488 of 2025 Date of Decision : 05.08.2025 Nirmal Singh Brar

...Petitioner

Versus

The State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:

Mr. Ankit Midha, Advocate for the petitioner. (Joined through Video Conferencing).

Mr. T.P.S. Chawla, Senior Deputy Advocate General, Punjab. *** Harsimran Singh Sethi J. (Oral) 1.

In the present petition, the grievance being raised by the petitioner is that after he attained the age of superannuation on 31.10.2018 but his pensionary benefits such as Gratuity and leave encashment have not been released so far by the respondents which is arbitrary and illegal. 2.

Learned counsel for the petitioner submits that the petitioner retired on attaining the age of superannuation on 31.10.2018 but certain benefits such as gratuity and leave encashment were kept pending keeping in view the Vigilance Enquiry No. 2 dated 02.03.2016 pending against the petitioner. Learned counsel submits that the said enquiry was dropped as charges against the petitioner could not be proved and further vide letter dated 06.06.2025 (Annexure P-4), a Vigilance Clearance Certificate was issued by the Department of Water Resource but still, the gratuity and leave HARSHA RANI 2025.08.08 11:09 I attest to the accuracy and integrity of this document

CWP No. 22488 of 2025 encashment have not been released by the respondent-Department, which is causing prejudice to the petitioner.

3.

Learned counsel for the petitioner submits that the petitioner has already raised the said grievance in the legal notice dated 23.04.2025 (Annexure P-2) but the same is still pending consideration with the respondents and the petitioner will be satisfied, at this stage, in case a direction is issued to the respondents to decide the same by passing an appropriate speaking order in a time bound manner. 4.

Notice of motion.

5.

On the asking of the Court, Mr. T.P.S. Chawla, Senior Deputy Advocate General, Punjab
who is present in Court, accepts notice on behalf of the respondent-State and submits that the instructions which have been given to him are that all the benefits have been decided to be released and the case has already been sent to Accountant General for approval and within a period of eight weeks of the receipt of copy of this order, whatever the benefits the petitioner is found entitled for, will be released. 6.

Learned counsel for the petitioner submits that keeping in view the statement of learned counsel for the respondents, the present petition may kindly be disposed of having been not pressed any further. 7.

Ordered accordingly.

August 05, 2025 (HARSIMRAN SINGH SETHI) kanchan JUDGE Whether speaking/reasoned : Yes Whether reportable : No HARSHA RANI 2025.08.08 11:09 I attest to the accuracy and integrity of this document