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High Court of Punjab and HaryanaCWP/23351/2025disposed of

Vimal Kumar v. State Of Punjab And Others

2025-08-12Mr. Justice Harpreet Singh Brar2 pages

CWP-23351-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-23351-2025 (O&M) Date of decision: 12.08.2025 Vimal Kumar ....Petitioner

Versus

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

Present:

Mr. H.C. Arora, Advocate for the petitioner.

Mr. Vikas Arora, DAG, Punjab for the respondents.

HARPREET SINGH BRAR J. (Oral) 1.

Prayer in this writ petition filed under Article 226 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for quashing the speaking order dated 14.07.2025 (Annexure P-13), passed by respondent No.3. Further a writ of mandamus has been sought, directing the respondent - Local Government Department to pay the difference of leave salary/leave encashment and gratuity along with interest to the petitioner and take into account the entire length of service rendered by the petitioner in Local Government Department and Department of PWD (B&R). Further prayer has been made to direct respondent No.6 to pay interest on the amount of Rs.42,236/- paid to the petitioner on 06.03.2021, towards leave encashment and gratuity. 2.

Learned counsel for the petitioner submits that the petitioner is calculating the amount payable towards the gratuity and MOHD YAKUB 2025.08.12 17:44 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CWP-23351-2025 leave encashment on the basis of last drawn salary whereas the respondents have applied a different calculations, which is not in consonance with the settled law.

3.

Learned State counsel, on the other hand, submits that in compliance of the order passed by this Court in CWP No.19401 of 2013, titled as Vimal Kumar vs State of Punjab and others, decided on 05.07.2019, all the dues, to which the petitioner was entitled, have been released and the only dispute which remains is with regard to the calculations of amount payable to the petitioner towards gratuity and leave encashment. He further submits that in case the petitioner submits a comprehensive representation with the respondents, the same shall be considered and decided by passing a speaking order. 4.

In view of the statement made by learned State counsel, the present writ petition is disposed of with a direction to respondent No.6 that in case the petitioner files a comprehensive representation within a period of two weeks from today, the same shall be considered and decided by passing a speaking order, after affording an opportunity of hearing to the petitioner, within a period of three months from the date of receipt of said representation.

(HARPREET SINGH BRAR) JUDGE 12.08.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2025.08.12 17:44 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh