High Court of Punjab and HaryanaCWP/20940/2014disposed of

Bagga Ram v. State Of Punjab And ORS

2019-02-27Mr. Justice Harsimran Singh Sethi6 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 27.02.2019 Bagga Ram ... Petitioner

Versus

State of Punjab and others ... Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:

Mr. H.S.Saini, Advocate for the petitioner.

Mr. Mehardeep Singh, Addl.A.G., Punjab.

*** HARSIMRAN SINGH SETHI, J. (ORAL) In the present writ petition, the grievance which has been raised by the petitioner is that the pay of the petitioner should be refixed by granting him three retrenchment increments, which benefit has been allowed to the other similarly situated employees in view of the judgment passed by this Court in CWP No.5568 of 2008 and the restoration of four special increments, which benefit has been allowed to the similarly situated employees in terms of the order passed by the Hon'ble Supreme Court of India in Civil Appeal No.6540 of 2014 decided on 16.07.2014. During the pendency of the writ petition, on 30.03.2017 a statement was made by the State counsel that the said benefit has also been released to the petitioner. The State was directed to verify as to whether the benefit has been granted to the petitioner and credited to the account of the petitioner or not.

-2When the case came up for hearing on 10.05.2017, a statement was made by learned counsel for the petitioner that though the benefit has been allowed but no payment has been received by the petitioner so far in respect of the refixation of the salary of the petitioner and grant of the above mentioned increments. This Court directed the respondent-State to file an affidavit showing the payments made and the refixation of his salary. In pursuance to the directions given by this Court, an affidavit was filed on 01.06.2017 bringing out certain facts. As per the said affidavit, all the benefits for which the petitioner was entitled for after his retirement were released to him and further, the retrenchment increments which were withdrawn, were also released to the petitioner and other benefits were also given to the petitioner.

Further the special increments, which were being prayed for have also been released to the petitioner. The relevant paragraph of the said affidavit is as under :- "That the petitioner was retired from Govt. Service after attaining the age of superannuation i.e. 60 years w.e.f. 31.01.2012 the following retiral dues has been paid to the petitioner after withdrawal of special increments and retrenchment increments as per detail given below:- Sr.

Description Amount (Rs.) Date of Payment Remarks 1 G.P.F.

253433 19-06-2012 S.B.P., Ucha Thara Account No. 55122674101 2 Interest on GPF (Difference of GPF Interest rate) 14281 01/01/13 S.B.P., Ucha Thara Account No. 55122674101 3 G.I.S.

3878 20-11-2013 S.B.P., Ucha Thara Account No. 55122674101 4 Leave Encashment 168343 31-1-2013 S.B.P., Ucha Thara Account No. 55122674101 5 D.C.R.G. (Total Rs.

2,27,175-95947) 131228 30-1-2013 S.B.P., Ucha Thara Account No. 55122674101 Net to paid=131228

-3That in compliance of order dated 27.05.2009 in CWP No.5568 titled as Charan Dass and others V/s State of Punjab and others. The pay of the petitioner has been refixed after withdrawal of special increments only, and allowing One No. retrenchment increment by raising his basic pay from Rs.11060/-to Rs.13510/- recovered amount of Rs.95947/- on account of special increments and retrenchment increment has been released to the petitioner as under:- 6 Release of recovered amount of retrenchment & special increments 95947 07/01/15 S.B.P., Ucha Thara Account 55122674101 7 Revised DCRG due to sanction of ACP Scheme 4, 9, 14 & re-storage of One no. retrenchment increment 52559 07/01/15 S.B.P., Ucha Thara Account 55122674101 8 Revised DCRG due to difference of D.A 58% to 65% 10062 19-3-2014 S.B.P.

, Ucha Thara Account 55122674101 9 Revised leave encashment due to sanction of ACP Scheme 4, 9, 14 & re-storage of One no. retrenchment increment 46402 07/01/15 S.B.P., Ucha Thara Account 55122674101 10 Arrear of revised pay scale 30% 6784 13-12S.B.P., Ucha Thara Account 55122674101 Arrear of 4, 9, 14 A.C.P.Scheme 31-7-2015 Through Banker Cheque No.15335 dated 31-7That in terms of the order dated 16.07.2014 passed by the Hon'ble Supreme Court of India, New Delhi in SLP (C) No.13027 of 2011 titled State of Punjab V/s Tarlok Chand and others, the pay of the petitioner has been refixed after restoring of Four No. Special increments by raising his basic pay from Rs.13510/- to Rs.

-4Revised Leave encashment after restoring 4 nos. special increments 11917 12/03/15 S.B.P., Ucha Thara Account 55122674101 Revised DCRG after re-storing 4 nos.

special increments 16081 04/01/17 S.B.P., Ucha Thara Account 55122674101

1) Interest payable on delayed payment on DCRG for the periods.

31-07-2015 Through Banker Cheque No.15334 dated 31-07-2015 29351 i) 1.5.12 to 31.12.12 @ 8.8.% =8 months =Rs.7699-00 ii) 1.5.12 to 31.3.13 @ 8.8.% = months =Rs.7740-00 iii) 1.4.13 to 30.11.14 @ 8.7% = months =Rs.13912-00 Total (i+ii+iii) =Rs.29351-00

2) Interest payable on delayed payment on leave encashment @ 6% for the period from 1.5.12 to 31.12.12 =Rs.6734-00 Total=Rs.36085 36085 Revised leave encashment 10/05/17 S.B.P., Ucha Thara Account 55122674101 That the petitioner is drawing his regular pension amounting to Rs.4357/-P.M vide PPO No.1112005544. After re-fixing the salary by restoring One No. retrenchment increment & Four Nos. special increments and by granting the proficiency step up on completion of 4, 9, 14 years'

-5service, the pay of the petitioner has been re-fixed (As per Annexure R-1) and revised pension has been sanctioned by Accountant General (A&E) Punjab, Chandigarh vide letter No. Pen-7/2181205544/2016/PE/16/15/ 80109513 dated 30-06-2016 and raising his basic pension from Rs.6755 to Rs.7130. Accordingly, bill of revised Leave Encashment has been passed and paid to the petitioner in his saving account S.B.P., Ucha Thara Account No. 55122674101.

It is therefore, respectfully prayed that the writ petition may kindly be dismissed as the same has rendered infructuous as all the retiral dues has been released to the petitioner."

Along with the said affidavit, respondent had attached Annexure R-1 i.e. the chart showing the re-fixation of the salary of the petitioner. As per the said chart, the petitioner was to draw the basic pay of Rs.14260/-as on 01.12.2011 on which, the pensionary benefits of the petitioner have been refixed after the re-fixation of his salary. Counsel for the petitioner states that there are some errors in the refixation of the salary which has been done by the respondents and he further states that though the basic pay of the petitioner has been fixed as Rs.14260/-, as per the rules, the petitioner is entitled for 50% of the same as pension, which is not being paid to the petitioner even as now. Counsel for the petitioner states that the petitioner be given liberty to point out all these discrepancies to the respondents for the rectification of the same by passing an appropriate order. Counsel for the respondent states that in case any representation is filed by the petitioner bringing out to the notice of the department any of his grievance including the wrong fixation or entitlement

-6of pension at a higher rate, the same will be considered by the authorities within a period of two months of the representation received and a speaking order will be passed considering all the aspects as raised by the petitioner in the said representation. It is directed that after the decision on the representation in case the petitioner is found entitled for any other relief including the monetary relief, the same should also be paid to the petitioner within a period of two months thereafter.

With the abovesaid observations, the present writ petition is disposed of.

(HARSIMRAN SINGH SETHI ) February 27, 2019 JUDGE anju Whether speaking/reasoned : Yes / No Whether reportable : Yes / No