Gurmeet Singh v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: 23.11.2023 Gurmeet Singh . . . . Petitioners Vs.

State of Punjab and others . . . . Respondents **** CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA ****

Present

Mr. Mukesh Arora, Advocate for the petitioner.

Mr. Paramjit Batta, Addl. A.G., Punjab.

**** SANJEEV PRAKASH SHARMA, J.(Oral)

1. The petitioner by way of this writ petition has prayed as under: "Civil Writ Petition under Article 226 of Constitution of India in the nature of Mandamus for issuance of directions to the respondents to process the pension case of the petitioner which is not being processed on the pretext of pendency of charge sheet dated 24.05.2023 (Annexure P/1)(which was received to the petitioner on 25.07.2023 vide letter No.2/203/ 2065 dated 25.07.2023) with unsustainable charges and with the sole motive of the respondents to harass the petitioner as was done by the respondents while issuing another charge sheet 05092018 which was later on dropped vide order dated 08.10.

Further Civil Writ Petition under Article 226 of Constitution of India in the nature of Mandamus for issuance of directions to the respondents to grant the grade pay on completion of 4 years of service under New Assured Career Progression Scheme vide Notification dated 3.11.2006 (Annexure P/3) on the post of Senior Assistant AND Further Civil Writ Petition under Article 226 of Constitution of India in the nature of Mandamus for issuance of directions to the respondents to treat the period from 08.07.2023 to 16.07.

2023 (ie the period from the date of relieving to the date of rejoining while transferring the petitioner which was stayed y the Honble Court) as duty period and to make payment on this account to the petitioner AND Further Civil Writ Petition under Article 226 of Constitution of India m the nature of Mandamus for issuance of directions to the respondents to make payment of arrears of Dearness Allowance for the period from 01.07.2015 to 31.12.2015 to the petitioner as is done to all the Punjab Govt employees but the requests of the petitioner has gone unheeded AND Further for the issuance of any other order or writ or direction which this Honb1e Court may deem tit and proper keeping in view of the facts and circumstances of the case."

2. As perused from above, there are different prayers made in the present petition. The first prayer pertains to claiming pension. Considering that there is an enquiry pending where the petitioner has not even chosen to file reply, no directions can be issued to the respondents to process the pension case. However, the petitioner in terms of the Rules would be entitled for receiving provisional pension, which has been informed to have been already recommended.

3. With regard to grade pay on completion of 4 years of service under the new ACP scheme, this Court notices that as there is an enquiry pending

against the petitioner, benefits of increment or higher pay would have to await the result of the enquiry.

4. As regards consideration for treating the period as duty period during which he has remained absent, the State Government would examine the same at its own behest for which the petitioner would be free to make an appropriate representation.

5. The petitioner has also further prayed in the writ petition for granting of arrears of dearness allowances for the period from 01.07.2015 to 31.12.2015. The petitioner can move appropriate representation to the authority. At this stage, as enquiries are pending, no interference other than observed above, requires to be made.

6. Writ Petition stands disposed of.

(SANJEEV PRAKASH SHARMA) JUDGE November 23, 2023 Mohit goyal

1. Whether speaking/reasoned?

Yes/No

2. Whether reportable?

Yes/No