Mukesh Berry v. State Of Punjab
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22038 of 2023 withdrawing
the same subsequently and that too without giving any valid reason, cannot be sustained in the eyes of law.
12.
Learned counsel for the respondents submits that as per Punjab Civil Services Rules (Revise Pay) Rules, 2009 the benefits could not have been extended.
13.
It may be noticed that the said 2009 Rules are only applicable upon the regular employees working with the Government of Punjab and not on a person who has been engaged after the retirement. The Rules will be applicable upon an employee who is either in the active employment prior to the superannuation or upon re-employment or extension in service of the said Government servant but in the present case, the situation is such that none of the petitioner was given extension in service or re-employment but were engaged on contractual basis on specific terms and conditions qua their entitlement including the remuneration for the said engagement. 14.
Not only this, the engagement in the Office of the Advocate General is governed by the Punjab Law Officers (Engagement) Act, 2017. Rule 8 of the 2017 Act is as under :-
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15.
A bare perusal of the above Rule would show that the appointment is on contract basis and the engagement is for such term as may be notified. It is a conceded position that as per the Notification dated 30.06.2017 appointing the petitioner(s) as Additional Advocate General, the remuneration provided to be paid to them was ₹1,40,000/-, hence, once the remuneration has been mentioned in the Notification itself, which is in consonance with the Act and there is no stipulation in the 2017 Act that the Officers engaged, if are ritrees, their pension will be deducted from the total remuneration admissible to them, no such deduction could have been made by the respondents while extending the remuneration to the petitioner(s). The petitioner(s) were entitled for the remuneration as per the terms and conditions of the engagement without there being any modification, hence, denying the said benefit of remuneration as per the Notification dated 30.06.2017 is contrary to the 2017 Act as well and the said action of the State cannot be sustained in the eyes of law.
16.
Hence, deducting the amount of pension from the said remuneration fixed for the engagement, is not at all made out in the facts and circumstances of the present case, therefore, all the petitioner(s) will be entitled for the remuneration fixed for the post of Additional Advocate General, which was part of their engagement without deducting the pension which they were drawing at the time of the engagement.
17.
In case, any of the petitioner has not been paid full remuneration as per the order of engagement dated 30.06.2017, the same will be given to them along with arrears.
18.
As the petitioner(s) were denied the benefit of full remuneration by the respondents without any valid justification, on the arrears of the remuneration which will be paid to the petitioner(s) under this order, they will also be entitled for interest @ 6% per annum from the date they were entitled for the full remuneration till the release of the said to them. 19.
Let the order be complied with within a period of eight weeks of the receipt of copy of this order.
20.
Petitions are allowed in above terms.
21.
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