Sham Lal through His Lrs Vs State of… — Writ and Judicial Review | Punjab & Haryana HC (2025)

Sham Lal through His Lrs Vs State of… — Writ and Judicial Review | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Writ petitions dismissed as withdrawn, with liberty to file fresh writ petitions with better particulars in view of the order dated 17.09.2025 passed in CWP-4259-2024 and connected matters, and to challenge the impugned order in light of instructions issued in subsequent policy; pending miscellaneous applications disposed of.

Issue for consideration

Whether the order dated 13.06.2023 passed by the Executive Officer, Municipal Council Fazilka (Annexure P-10) rejecting the petitioner's claim for grant of pension benefits in terms of The Punjab Municipal Employees Pension and General Provident Funds Rules, 1994 was liable to be quashed, and whether the respondents were bound to release pension and other retiral benefits from the date of retirement with interest @ 18% per annum. (Raised by the prayer; not adjudicated, as the petitions were withdrawn.)

Ratio / Principle

In view of counsel's submission, both the present writ petitions (CWP-4291-2024 and CWP-4279-2024) are dismissed as withdrawn, with liberty to file fresh writ petitions with better particulars in view of the order dated 17.09.2025 passed in CWP-4259-2024 and connected matters, and to challenge the impugned order in the light of instructions issued in subsequent policy instead of the policy relied upon in the present writ petitions.

Key takeaways

Pending miscellaneous application(s), if any, also stand disposed of.ratio¶24

Detailed headnote1 paragraphs

Punjab and Haryana High Court (Harpreet Singh Brar, J., oral; decision dated October 27, 2025) - CWP-4291-2024 [Sham Lal (deceased) through Smt. Soma Rani] and CWP-4279-2024 [Sham Lal] v. State of Punjab and others. Writ petitions under Article 226/227 of the Constitution of India sought certiorari quashing of the order dated 13.06.2023 passed by the Executive Officer, Municipal Council Fazilka (Annexure P-10) rejecting the claim for pension benefits in terms of The Punjab Municipal Employees Pension and General Provident Funds Rules, 1994, and mandamus for release of pension with other retiral benefits from the date of retirement till payment with interest @ 18% per annum. Both petitions arising from a similar factual matrix were disposed of by a common order. Learned counsel for the petitioner(s) withdrew the civil writ petitions with liberty to file fresh with better particulars in view of the order dated 17.09.2025 passed in CWP-4259-2024 and connected matters against the order impugned herein, wishing to challenge the impugned order in light of instructions issued in subsequent policy instead of the policy relied upon in the present writ petitions. Both writ petitions were dismissed as withdrawn with liberty aforesaid; pending miscellaneous application(s), if any, also stood disposed of. No merits adjudication; no precedent applied.

1

CWP-429 1 -2024 & CWP-4279-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

268(2) cas e s

D a te of Decision: October 27, 2025

CWP-4291-2024 Sham Lal ( d eceased) through Smt. Soma R a ni .....Petition VERSUS State of Pu n jab and others ...Respond 2. CWP-4279-2024

.....Petition e r

...Respond e nts

Sham Lal

.....Petition e r

VERSUS

State of Pu n jab and others

...Respond e nts

CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present : Mr. J.S. Gill, Advocate for the petitioner.

Mr. Vikas Arora, DAG, Punja b -State. Mr. Baltej Singh Sidhu, S r . Advocate with Ms.Reem a , Advocate and Mr. Gurneet Singh Budhiraja, Advocate f o r respondent No.3.

HARPREET SINGH BRAR, J. (Oral)

This order of mine shall dispose of the above-mentioned t w o writ petitio n s as they arise from a similar factual matrix. However, for t h e sake of bre v ity, the facts are taken from C W P-4291-2024.

The present writ petition has b e en filed under Article 226/227 o f the Constit u tion of India with a prayer for i ssuance of an appropriate writ o r order in th e nature of certiorari for quas h ing/setting aside the order dat e d 13.06.2023 passed by the Executive Of f icer Municipal Council Fazil k a (Annexure P-10) vide which claim for g rant of pension benefits to t h e

PUNEET CHAWLA 2025.10.29 10:01 I attest to the accuracy and integrity of this document

2

CWP-429 1 -2024 & CWP-4279-2024

petitioner i n terms of “The Punjab Municip a l Employees Pension and Gener a l Provident F u nds Rules, 1994” has been rejec t ed and further for issuance of w r it in the natu r e of mandamus directing the re s pondents to grant and release t h e pension alo n g with other retiral benefits fro m the date of their retirement till t h e payment wi t h interest @ 18% per annum.

At this stage, learned couns e l for the petitioner(s) wishes t o withdraw t h e civil writ petition(s) with liberty to file fresh with bett e r particulars i n view of the order dated 17.09 . 2025 passed in CWP-4259-2024 and conne c ted matters, against the orde r impugned in the present w r it petition a n d further submits that petiti o ner(s) wishes to challenge t h e impugned o rder in the light of instructi o ns issued in subsequent poli c y instead of p olicy relied upon in the present w rit petition(s). 4. In view of the above, both the present writ petitions a r e dismissed as withdrawn with liberty a f oresaid. Pending miscellaneo u s application ( s), if any, also stands disposed o f. 5. Photocopy of this order be p laced on the files of connect e d

cases.

(HARPREET SINGH BRAR) JUDGE

October 27, 2025 P.C

Whether speaking/reaso n ed. : Yes/No Whether Reportable. : Yes/No

PUNEET CHAWLA 2025.10.29 10:01 I attest to the accuracy and integrity of this document