GURLABH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to release the retiral benefits of the petitioner amounting to Rs.11,10,882.00 and arrears of salary from 1/11/2021 to 31/10/2023 amounting to Rs.12,10,000.00 and other service benefits till the actual date of his retirement i.e. 60 years along with interest @12% per annum. It is further prayed to issue a writ in the nature of certiorari seeking quashing of the order dtd. 24/9/2025 (Annexure P-6) passed by respondent No.3 to the extent of denying the interest on the delayed payment and outstanding retiral dues as well as paying of arrears of salary in installments.

(2.) Learned counsel for the petitioner, inter alia, contends that the petitioner joined respondent No.6-Society as Salesman on 20/4/1988 and he was promoted as Secretary on 5/8/1998 and worked upto 17/9/2006, when he was transferred to respondent No.5-Society and joined there as Cashier and later on, promoted as Secretary on 2/4/2016. The services of the employees working in Primary Cooperative Agricultural Service Societies are being governed by Punjab State Cooperative Agricultural Service Society Service Rules, 1997 (for short 'Rules of 1997'). Further, on 24/9/2020, by amending Rule 19-A of Rules of 1997, retirement age of the employees of the cooperative societies in the State of Punjab was reduced from 60 years to 58 years and in terms of said amendment, the petitioner was forcibly retired on 31/10/2021. Thereafter, respondent No.6-Society passed a resolution on 12/1/2024 (Annexure P-1) calculating the amount of gratuity and leave encashment payable to the petitioner and the pre-audit report dtd. 15/5/2024 (Annexure P-3) also confirmed the amount payable to him. The petitioner has not been paid the salary even for the period he worked in the respondent-Society, which comes to Rs.21,31,075.00. The petitioner served a legal notice dtd. 14/7/2025 (Annexure P-4) and when no action was taken, the petitioner filed CWP-22562-2025, which was disposed of by this Court vide order dtd. 6/8/2025 (Annexure P-5) with a direction to respondent No.3 to decide the legal notice (Annexure P-4). In purported compliance, respondent No.3 passed the impugned order dtd. 24/9/2025 (Annexure P-6) ordering the payments in installments, however, interest was denied.

(3.) Learned counsel for the petitioner submits that case of the petitioner is squarely covered by the judgment dtd. 16/9/2025 rendered by this Court in CWP-24420-2025 titled as Jagtar Singh Vs. State of Punjab and another, which was decided along with three other cases, wherein this Court considered the amendment carried out in Rule 19-A of Rules of 1997, vide which the retirement age was reduced from 60 years to 58 years. The said amendment was quashed by the Division Bench of this Court vide judgment dtd. 9/8/2024 passed in CWP-16052-2024 titled as Punjab State Agricultural Cooperative Societies Employees Union, Punjab Vs. State of Punjab and another and connected matters, declaring that amendment in Rule 19-A of Rules of 1997 is ultra vires and without legislative approval.