High Court of Punjab and HaryanaCWP/21459/2015allowed

M.K. Mittal v. Hvpn And ANR

2023-09-14Mr. Justice Sandeep Moudgil16 pages

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In the year 2005, the petitioner applied, through proper channel, and was selected for the post of Chief (Finance and Accounts) in Rural Electrification Corporation Limited (REC), a Government of India Enterprise. On 07.12.2005, he represented the respondent No.1 to conform regarding grant of pensionary benefits etc. as per provisions of CSR (Annexure P-33) followed by representations dated 19.12.2005 (Annexure P-34) and dated 27.12.2005 (Annexure P-35). The respondent-corporation vide letter dated 14.01.2006 (Annexure P1) confirmed the payment of pensionary benefits and as such, the petitioner submitted his resignation under Rule 4.19(b) of Punjab Civil Services Rules Vol.II on 14.01.2006 to join Rural Electrification Corporation Ltd. (Annexure P-36). The petitioner was confirmed in REC vide letter dated 16.03.2007 (Annexure P-2).

However, the respondent-corporation vide order dated 11.10.2007 (Annexure P9), decided to pay the pensionary benefits in lumpsum whereas the petitioner submitted pension papers for payment of monthly pension (Annexure P-4). The petitioner submitted representation on 18.02.2008 (Annexure P-5) for payment of monthly pension instead of pension in lump-sum and for restoration of commuted pension (Annexures P-6 to P-8) but the same were rejected vide impugned letter dated 12.09.2008 (Annexure P-9).

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The petitioner filed CWP No.17401 of 2008 for restoration of pension, which was decided on 13.09.2010 (Annexure P-19) in terms of decision of this Court dated 12.08.2010 passed in SP Wadhawan vs. HVPN & Ors. (CWP No.16697 of 1998) and other connected cases (Annexure P-18) directing the respondents to decide the issue within 6 months. Even thereafter the petitioner has been representing for restoration of commuted pension

- 3 - (Annexures P-21 & P-22) but till date no steps have been taken by the respondents. Hence, this writ petition.

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Learned counsel for the petitioner contended that the Haryana Govt. vide letter dated 02.06.1989 (Annexure P13) had allowed restoration of commuted portion of pension even to those who sought premature retirement or were retired compulsorily before the age of superannuation, after full value of commutation, and also notional interest stands recovered. He further highlighted that the Government of India, Ministry of Personnel, vide memo dated 30.09.1996 (Annexure P15), in compliance with the directions of the Supreme Court in Writ Petition (C) No.11855/1985 "Welfare Association of Absorbed Central Govt. Employees in Public Sector Enterprises and others vs.

Union of India, AIR 1996 SC 1201, decided that the benefit of restoration of commuted pension shall be admissible to all those Government employees who had been absorbed in Public Sector Undertaking/autonomous/statutory bodies notwithstanding the fact that having commuted the full pension, they were not in receipt of any monthly pension. It was further averred that the lump-sum amount paid gets adjusted by about 10 or 12 years and therefore, the Government must restore the commuted portion of one-third pension since the commuted portion out of the pension is ordinarily recovered within about 12 years.

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Learned counsel also submitted that the State of Haryana implemented the judgment of the Permanent Lok Adalat dated 03.05.2000 and is paying the benefit of the same to the petitioners in those writ petitions without challenging the decision of the Lok Adalat, thus that decision became final,

- 4 - however, in the case of other employees, the decision is not being implemented arbitrarily and discriminatorily.

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It is further the contention raised on behalf of the petitioner that he submitted his pension papers on 26.12.2006 claiming monthly pension, family pension, gratuity and commutation of 40% pension because at that time commutation, 40% pension was admissible instead of 1/3rd pension and concluded stating that the respondent-Corporation cannot arbitrarily pass an order dated 11.10.2007 (Annexure P-4) denying these benefits to the petitioners and ordering 100% commutation of pension, at their own, which the petitioner never opted.

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Reliance has been placed on the decision of this Court in CWP No.9059 of 1993 decided on 23.02.1994 (Ganga Bishan vs. State of Haryana) and State of Haryana VS Madan Lal Ahlwawat, 2002(5) SLR 590,wherein it was held that the employee who has rendered 10 years of qualifying service is entitled to grant of pension.

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Reply dated nil has been filed by Mukesh Kumar Minglani, Under Secretary/HR-II, HVPN, Panchkula, wherein it has been averred that one time lumpsum amount in lieu of pension worked out with reference to commutation table applicable as the date from which pension will be admissible/payable i.e. the date of his quitting the service from the respondent-Nigam would be extended to petitioner thus there is no question of commuted value. &%.'

Mr. Pardeep Rajput, Advocate for respondent-Nigam further averred that the petitioner is not a pensioner, and as such is not entitled to any retiral benefits as he has already received lumpsum amount towards retiral benefit. It is also argued by him that the petitioner neither got premature

- 5 - retirement nor was he retired compulsorily albeit he resigned himself from the Nigam service to take up another appointment. &%%'

In reply, the respondent-Nigam further brought to the notice of this Court that though instructions issued by Haryana Government are followed by the it mutatis mutandis and since Haryana Government itself has not adopted the Government of India letter dated 30.09.1996, as such no benefit can be derived to the petitioner in this regard.

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On the question of parity, it is pleaded that OP Katyal never resigned from the job rather was absorbed in the corporation whereas the petitioner is not a pensioner as such not entitled to any retiral benefits as he has received lumpsum amount and accordingly, the benefit of 1/3rd commuted portion of pension/commuted full pension as the case may be was granted to OP Katyal on the basis of existing rules and law. &%<'

Counter to the stand of the respondent-Nigam, the petitioner has filed replication dated 01.08.2017 asserting that the case of the petitioner was treated at par with the employees who were absorbed in the other Govt. organization as per memorandum dated 14.01.2006. Had the memorandum dated 14.01.2006 been not passed before relieving the petitioner from the respondentCorporation, he may not have joined the new organization. It is also urged on behalf of the petitioner that now the respondents are stopped from denying the benefit of memorandum dated 14.01.2006 to the petitioner and as such he is very much entitled to pension as per memorandum dated 14.01.2006 since the papers were submitted by him for payment of monthly pension. &%2'

In reply to CM-1445-2019, the respondents have filed CM-14752019 wherein it has been stated that the respondents have paid 100% lumpsum

- 6 - pensionary benefit to the petitioner in lieu of pension amounting to Rs.11,31,379-00 and Gratuity amounting to Rs.2,70,816-00. Further, the petitioner had filed Civil Suit seeking interest from 26.03.2007 to 08.11.2007 for delayed payment of pensionary benefits to the petitioner and vide judgment and decree dated 28.04.2011, the suit was decreed in favour of the petitioner. Appeal preferred by the respondents was dismissed with modification excluding the period of interest payable i.e. from 26.03.2006 to 08.11.2007 to 26.03.2006 to 26.06.2007. Accordingly, interest amounting to Rs.1,04,646/- was disbursed to the petitioner.

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Heard learned counsel for the parties and gone through the record. &%='

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- 16 - Association of Absorbed Central Govt. Employees in Public Sector Enterprises and others and also in view of the Instructions issued by the Central Government, it is incumbent upon the State of Haryana to consider the case of the petitioner for restoration of pension to the petitioner. &</'

Accordingly, this writ petition is allowed and the orders dated 11.10.2007 (Annexure P4) and dated 12.09.2008 (Annexure P9) to the extent it provides that no restoration of commuted value of pension on any account is admissible to the petitioner, are hereby quashed and the respondent-Nigam is directed to restore to the petitioner full monthly pension, from the date of expiry of 15 years of petitioner's superannuation and pay all the arrears payable to him along with interest @ 6% p.a. and continue to pay the same for the future period. &<<'

Let the needful be done within two months from the date of receipt of a certified copy of this order failing which the amount of pension and arrears of pension shall be payable @ 12% p.a. &<2'

Ordered accordingly. %2 .3 /./< I"I 7,-!.' %/01:

1. Whether speaking/reasoned?

Yes/No

2. Whether reportable?

Yes/No