Punjab-Haryana High Court
Naginderjit Singh vs State Of Punjab And Others on 23 September, 2024
Author: Sudeepti Sharma
Bench: Sureshwar Thakur, Sudeepti Sharma
CWP-14421-2024
2024 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
-.-
CWP
CWP-14421-2024 (O&M)
Reserved on 09.09.2024
Pronounced on : 23.09.2024
Naginderjit Singh ......Petitioner
Vs.
State of Punjab and Others ......Respondents
CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR
HON'BLE MRS. JUSTICE SUDEEPTI SHARMA
Present: Mr. H.P.S.Bunger, Advocate for the petitioner.
Mr. Maninder Singh, Sr.
Sr. DAG Punjab.
Ms. Divya Sharma, Advocate for respondent No.3.
----
SUDEEPTI SHARMA J.
The challenge in the present writ petition is to the letter
No.6872/PEN.2.VI.J, dated 01.03.2024, issued by the Assistant Registrar (Pension)
for Registrar General, Punjab and Haryana High Court in lieu of letter dated
25.07.2022 issued by the Department off Finance
Finance, Punjab. Further prayer in the
present petition is for issuance of direction to respondent No.1 (State of Punjab
through Principal Secretary to Govt. of Punjab Department of Fin
Finance,
ance, Punjab),
respondent No.2 (The
The Principal Secretary, Department of Home Affairs and
(Judicial-1) Branch, Punjab Civil Secretariat)
Secretariat and respondent No.3 (The Registrar
General, Punjab and Haryana High Court,
Court, Chandigarh
Chandigarh)) to pay the interest @18%
CWP-14421-2024
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on the delay of payment of salary, pensionary benefits and gratuity etc., to the
petitioner from 14.05.2019 till date.
2. The brief facts as stated in the petition are as under:-
i) That
hat the petitioner was initially appointed to the Punjab Civil
Service (Judicial Branch) on 17.10.1983 and subsequently he was
Services
promoted to Punjab Superior
Superior Judicial Services and was posted as
Additional District and Sessions Judge on 18.02.1999. However, on
12.07.2004, a charge-sheet
charge sheet was served on the petitioner and show
cause notice was served on 11.11.2005. The petitioner submitted a
detailed reply
reply on 30.11.2005 and the petitioner was compulsorily
retired from service on 08.06.2006.
ii) Subsequently the petitioner filed CWP No. 5639 of 2007,
whereby the impugned order dated 08.06.2006 was set aside by this
Court vide judgment dated 08.08.2018 and the respondents were
directed to make payment of 50% salary of the petitioner from the
date of order of the compulsory retirement till the date of his
superannuation.
iii) The Court further grantedd continuity of service through
throughout
out for
the purpose of granting terminal benefit
benefit, including pension, within a
period of six months from the date of obtaining certified copy of the
judgment dated 08.08.2018.
iv) That the petitioner vide letter dated 09.11.2018 requested to
refix his pension and release his arrears
arrears of pay.
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v) The petitioner filed COCP No.2837 of 2018. Respondent No.3
(The Registrar General, Punjab and Haryana High Court, Chandigarh)
filed a reply wherein it was stated that certain objections were raised
by the Accountant
Account General as category of petitioner to draw his
pension had changed and the petitioner was directed to deposit the
entire amount of pensionary benefits drawn by him against PPO
No.226827/PB, but the petitioner had requested that the amount
received by him could be deducted from the arrears of pension to be
released after refixation of pension on account of change of category.
vi) Another affidavit in the contempt petition was filed by the
Accountant General on 14.07.2023 to state that the entire Disbursing
isbursing
Authority
uthority is the District
District Treasur
Treasury Officer and thus the District
Treasur Officer be made party in the contempt petition.
Treasury
vii) The petitioner returned pensionary benefits and was issued 'No
Due Certificate' on 5.10.2023,
5.10.2023 by the Assistant Registrar General for
Registrar General
General of Punjab and Haryana High Court Chandigarh.
Chandigarh
This was done in lieu of letter dated 14.07.2023. The letters dated
14.07.2023 and 05.10.2023, are reproduced as under:
under:-
Letter dated 14.07.2023
" No________/Pen.2/VI.J.
From
The Registrar General,
High Court of Punjab and Haryana,
Chandigarh.
CWP-14421-2024
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To
The District Treasury Officer,
Jalandhar.
Dated, Chandigarh, the _______
Subject:
Subject:- Issuance of 'Non-Payment
Payment Certificate' in respect of Sh.
Naginderjit Singh. Addl. District & Sessions Judge,
retired from service on 31.05.2017 (e
(e-P.P.O. No.
1123042958).
Sir,
I am directed to refer you on the subject cited above and
to inform you that no Provisional Pension and no Provisional Death-
Death
cum
cum-Retirement Gratuity
uity except an amount of Rs. 57,78,449/
57,78,449/- (Rs.
55,02,
55,02,815/- towards pension as per Bank statement dated 05.04.2023
& 21.06.2023 submitted by SBI, Sector 37, Chandigarh till 3rd April.
2023 and Rs. 2,75,634/-
2 towards DCRG paid against PPO No.
226827/Pb. on compulsory retirement) has been pai
paid
d to Sh.
Naginderjit Singh, Addl.
Addl. District & Sessions Judge, reti
retired
red from
service on 31.05.2017 on attaining the age of superannuation, by this
Court.
After supplying a copy thereof, you are further requested to pay
arrears of pension payable to the officer w.e.f. 01.06.2017, against e-
e
PPO No. 1123042958, after adjusting the total amount of already
paid pensionary benefits to the tune of Rs. 57.78,449/
57.78,449/- under
intimation to this Court.
Yours faithfully,
Encl: As above Sd/-
Assistant Registrar (Pension)
for Registrar General
Endst.No______/Pen.2/VI.J., dated _______
CWP-14421-2024
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Copy forwarded to the office of Account General (A&E), Punjab,
Chandigarh, for information w.r.t letter No.Pen01/intimation/23-
No.Pen01/intimation/23
24/PE/23/10/80571222, dated 17.06.2023.
Endst.No______/Pen.2/VI.J., dated _______
Copy forwarded to District & Sessions Judge, Ferozepur, for
information alongwith copy of letter No.Pen01/intimation/23-
No.Pen01/intimation/23
24/PE/23/10/80571222, dated 17.06.2023.
17.06.2023.
Endst.No.1788 SPL Pen.2/VI.J., dated 14.07.2023
Copy forwarded to Sh. Naginderjit Singh, Additional District &
Sessions Judge (retired),R/o #1113, Urban Estate, Phase-1,
Phase
Jalandhar for information.
Jalandhar,
Sd/-
Assistant Registrar (Pension)
n)
for Registrar General"
Letter dated 05.10.2023
" No.__________Genl./III.F.15.
From
The Registrar General,
High Court of Punjab and Haryana,
Chandigarh.
To
The Chief Secretary to Government of Punjab,
Civil Secretariat, Punjab, Chandigarh.
Dated, Chandigarh the ________
Subject: Issuance of N.D.C. in favour of Sh. Naginderjit Singh, a
former member of Punjab Superior Judicial Services,
since retired from the service on 31.05.2017.
Sir,,
I am directed to refer yo
you
u on the subject cited above and
to say that nothing is due against Sh. Naginderjit Singh, a former
CWP-14421-2024
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member of Punjab Superior Judicial Services, since retired from the
service on 31.05.2017.
Yours faithfully,
sd/-
Assistant Registrar (General)
for Registrar General.
Endst. No.__
No. Genl./III.F.15 Dated _______
Copy forwarded to the following for information and necessary
action:
action:-
1. The Accountant General (A&E), Punjab, Chandigarh.
2.The District Treasury Officer, Jalandhar.
3. The District & Sessions Judge, Ferozepur.
sd/-
Assistant Registrar (General)
for Registrar General.
Endst. No.____Genl./III.F.
No.____Genl./III.F. 15. Dated_______
Copy forwarded to the following for information and necessary
action:
action:-
1. Superintendent
Superintendent Pension Branch (with two spare copies),
2. Superintendent Accounts Branch.
3. Superintendent Salary Branch.
4. Superintendent Gaz I Branch.
5.Superintendent Gazette-II
Gazette II Branch.
6. Superintendent Vigilance Branch (Punjab and Haryana High
Court, Chandigarh
sd/-
Assistant Registrar (General)
for Registrar General.
Endst. No. 1534 SPL Genl./III.F. 15. Dated. 30.09.2023
Copy forwarded to Sh. Naginderjit Singh, a former member of Punjab
Superior Judicial Services, since retire
retired
d from the service on
31.05.2017 (retd) through District & Sessions Judgo, Ferozepur.
sd/-
Assistant Registrar (General)
CWP-14421-2024
2024 (O&M) -7-
for Registrar General."
3. That letter dated 01.03.2024 was issued to the petitioner to deposit the
interest of Rs.7,38,698/-
Rs.7,38,698/ on the pensionary benefits recovered from him. The same
is impugned in the present writ petition and is reproduced as under:
under:-
"No.6872/Pen.2/VI.J.
No.6872/Pen.2/VI.J.
From
The Registrar General,
High Court of Punjab and Haryana,
Chandigarh.
To
Sh. Naginderjit Singh
(retd. Addl.District & Sessions Judge,
R/o # 1113, Urban Estate, Phase
Phase-1
Jalandhar City.
Dated, Chandigarh, the 01.03.2024
Subject:
Subject:- Pension Case of Sh. Naginderjit Singh, Addl. District &
Sessions Judge, Ferozepur, retired from service on
31.05.2017.
Ref:
Ref:- This Court's letter Endst. No.22355/Pen.2/VI/J, dated
12.09.2022.
Sir,
I am directed to refer you on the subj
subject
ect cited above and
to request you to deposit the interest amounting to Rs.7,38,698/
Rs.7,38,698/-- on
the pensionary benefits that has been recovered from you, against
PPO No.226827/PB., in the light of Punjab Government letter dated
25.07.2022 (Copy attached), in the concerned treasury, under
intimation to this Court, so that your case for DCRG may be
processed accordingly.
Yours faithfully,
Encl: As above Sd/-
Assistant Registrar (Pension)
CWP-14421-2024
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For Registrar General
Endst.No______/Pen.2/VI.J., dated _______
Copy forwarded to the office of Account General (A&E), Punjab,
Chandigarh, for information."
4. Letter dated 25.07.2022, is reproduced as under:
under:-
" Punjab Government
Finance Department
(Finance pension Policy and Coordination Branch)
Subject: COCP No. 2837 of 2019 in CWP No.. 5633/2007- 5633/2007
Naginderjit Singh Vs. Satish Chandra
Chandra, IAS and Others.
For kind attention to the Princi
Principal
pal Secretary,
Government of Pun.jab,
Pun.jab, Ministry of Home Affairs and Justice
Department regarding above said su
subject
bject and this department letter
FD
FD-FPPCOADVC/6/2020-1FPP/1/385723/1/390946/2020
1FPP/1/385723/1/390946/2020 dated
11.07.2022.
2. For the kind attention of the Administrative Department
towards the letter dated 11.07.2022 of the Finance Department, it is
clarified that the pension was received by the retired officer before the
time and later on it was deposited
deposited in the Government treasury, on
o
which regarding the recovery the appropriate interest according to
the Rule 9.12 of the Punjab Civil Service Rules Volume
Volume-2
2 may kindly
be taken.
taken
Sd/-
Harminder Kaur
Superintendent
CWP-14421-2024
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25/07/2022
To
Principal Secretary
Government of Punjab
Home Affairs and Justice Department,
Judicial - 1 Branch,
Punjab Civil Secretariat, Chandigarh"
SUBMISSIONS OF THE LEARNED COUNSEL FOR THE PARTIES
5. Learned counsel for the petitioner contends that the impugned letter
dated 01.03.2024 is bad in the eyes of law since
since the respondent cannot ask the
petitioner to deposit the interest on the pensionary benefits which were recovered
from the petitioner. He further contends that it was because of the lapse on the part
of the respondents that the petitioner was compulsorily retired from service and he
returned the pensionary benefits and was issued 'No Due Certificate' on 5.
5.10.2023.
10.2023.
Therefore, he prays that the impugned letter be set aside and the present petition be
allowed.
6. Per contra,
contra, learned counsel for respondent Nos. 1 and 2 relies upon
Rule 9.13 of Punjab Civil Services
Service Rules, VOL.II to submit that the petitioner was
liable to pay the interest on late return of pensionary benefits as per the said Rule.
Therefore, the impugned letter demanding interest on payment has rightly been
issued.
7. Learned counsel for respondent No.3 contends that the impugned
letter dated
ted 01.03.2024 for recovery of the interest is issued in view of the letter
dated 25.07.2022 issued by the Government of Punjab
Punjab.
CWP-14421-2024
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8. We have heard learned counsel for the parties and perused the whole
record.
ANALYSIS OF THE RECORD
9. A perusal of the record
record shows that the petitioner had filed CWP
CWP-5639
of 2007 challenging the order dated 08.06.2006, whereby
whereby, the petitioner was
ordered to be compulsorily retired by way of punishment. The writ petition was
allowed vide judgment dated 08.08.2018. The judgment dated 08.08.2018 was
challenged by the Punjab and Haryana High Court before the Hon'ble Supreme
Court by way of Special Leave Petition. However, the same was dismissed vide
judgment dated 07.05.2019 by the Hon'ble Supreme Court in SLP No.9689 of
2019, titled as 'Punjab and Haryana High Court Vs. Naginderjit Singh and
Another.
10. Thereafter, the matter
mat er regarding implementation of the judgment
dated 08.08.2018, inter alia entailing re-instatement
re instatement of the officer, continuity of
service throughout for the purpose of granting terminal benefits, including pension
etc, was considered in Full Court meeting held on 26.07.2019 and the Committee
took the following decision:-
decision:
" Resolved that in view of the order dated 07.05.2019 of Hon'ble
Supreme Court of India passed in SLP No.9689 of 2019, arising out of
the judgment dated 08.08.2018 of Hon'ble Division Bench of this
Court passed in CWP No.5639 of 2007, the decision dated 08.05.2006
of the Hon'ble Full Court recommending compulsory retirement of
Shri Naginderjit
Naginderjit Singh, former member of Punjab Superior Judicial
CWP-14421-2024
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Service be recalled and recommendation be made to the Government
of Punjab to withdraw its order dated 08.06.2006 regarding
compulsory retirement of Shri Naginderjit Singh, former member of
Punjab Superior
Superior Judicial Service, from service. He is deemed to be
reinstated w.e.f 08.06.2006. It is further resolved that payment of
50% of his salary from the date of order of retirement i.e. 08.06.2006
till the date of his superannuation i.e. 31.05.2017 be ma
made
de to him
alongwith continuity of service throughout and he be granted terminal
benefits,
nefits, including pension etc. immediately."
immediately."
11. The above said order of the Full Court was conveyed to the
Additional Chief Secretary to Government of Punjab, Department of Home Affairs
& Justice, (Judicial-I)
(Judicial I) Branch, Chandigarh vide letter dated 29.07.2019. Reminder
dated 24.09.2019 was also issued to the quarter concerned. As such respondent
No.2 acted upon the judgment of Hon'ble Apex Court and decision of Full Court
dated
ted 26.07.2019 by sending letter dated 29.07.2019.
12. The petitioner was reinstated to Punjab Superior Judicial Service with
effect from 08.06.2006, vide Punjab Govt. Notification dated 18.10.2019,
conveyed vide Endorsement No.4/9/2019-3
No.4/9/2019 3 Judl
Judl-1 (1)/1626 dated 05.11.2019.
13. The pay of the petitioner was re-fixed
re fixed and conveyed to the District
and Sessions Judge, Ferozepur vide letter dated 15.05.2020. The learned Officer
was requested to draw and disburse 50% salary to the petitioner in accordance with
rules/instructions on the subject.
CWP-14421-2024
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14. Vide letter dated 18.07.2020, the learned District and Sessions Judge,
Ferozepur was further informed that the suspension period with effect from
19.02.2003 to 07.06.2006 was ordered to be treated as "spent on duty"
duty".. It was
further requested to draw and disburse the arrears of salary, if any.
15. Vide letter dated 08.12.2020, the learned District and Sessions Judge,
Ferozepur was further informed that sanction had been accorded for an amount of
Rs.16,13,411/- (Rupees Sixteen Lakhs Thirteen Thousand Four Hundred and
Eleven only) on account of leave encashment in lieu of unutilized Earned Leave of
300 days and it was further requested to draw and disburse the same to the
petitioner.
16. The aforesaid communication was also forwarded to the Accountant
General (A&E), Punjab vide letter dated 28.08.202
28.08.2020 with a request to verify the
calculations and authorize its payment as per rules. Thereafter, various reminders
dated 04.12.2020, 08.02.2021, 26.05.2021, 29.07.2021 and 15.09.2021 were sent.
Thereafter, vide letter dated 20.09.2021, Accountant General (A&E), Punjab
returned the pension case of the petitioner with the following remarks:
remarks:-
(i) The above named officer has been retired compulsory on
23.06.2006 and pensionary benefits have been authorized
accordingly.
(ii) As per pay fixation made at page No.32 to 35 of Service Book,
his pay has been re-fixed
fixed w.e.f 01.02.2003 to 31.05.2017 i.e.
upto date of superannuation i.e. 31.05.2017, implementing the
judgment in CWP-5639
5639 of 20
7 and he retired on 31.05.2017.
CWP-14421-2024
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(iii) Treatment of pensionary benefits i.e. Pension & DCR
authorised
horised earlier and drawn by the retiree may be intimated.
(iv) Copy of judgment given by the Hon'ble Court alongwith
speaking order of competent authority may be supplied with the
case.
17. In view of the objections raised by the office of the Accountant
General
neral (A&E), Punjab, Chandigarh, the matter was placed before the authorities
and in compliance with orders dated 16.11.2021, vide letter dated 25.11.2021, the
Accountant General (A&E), Punjab, Chandigarh was requested to stop the pension
being drawn by Sh.
Sh. Naginderjit Singh, former member of Punjab Superior Judicial
Services, against PPO No.226827/PB as his category and date of retirement had
changed.
18. As per copy of letter dated 20.09.202
20.09.2021,
1, received from the office of the
Accountant General (A&E), Punjab,
Punjab, Sh. Naginderjit Singh, former member of
Punjab Superior Judicial Services, was requested to deposit the entire amount of
pensionary benefits drawn by him on his compulsory retirement w.e.f. 24.06.2006
against PPO No.226827/PB as desired in the lette
letterr at the earliest, so that the
process of authorization of fresh
fresh pensionary benefits as per ddate of retirement
etirement i.e
31.05.2017 may be initiated (as desired vide aforesaid letter dated 20.09.2021), a
copy was also endorsed to the District Treasury Officer, P
Punjab
unjab Treasury,
Chandigarh, with the request to provide the detailed statement of entire pensionary
benefits drawn by Sh.Naginderjit Singh, former member of Punjab Superior
Judicial Services, w.e.f. 24.06.2006 against PPO No.226827/PB. The said officer
office
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wass further requested to return the PPO, so that the fresh pension case as per date
of superannuation can be processed.
19. Thereafter, in response to this Court's letter dated 25.11.2021, the
District Treasury Officer, Punjab Treasury, Chandigarh requeste
requested the Manager,
State Bank of India, Sector 7-C/37,
C/37, Chandigarh, to forward statement with regard
to total pension drawn by Sh. Naginderjit Singh, who is drawing pension from the
said bank against PPO No.226827/PB, w.e.f.25.06.2006, at the earliest, for the
onward transmission to this Court.
20. Thereafter, vide letter dated 02.12.2021 Sh. Naginderjit Singh, former
member of Punjab Superior Judicial Services, had requested that he had been
directed to deposit the entire amount of pensionary benefits drawn bby
y him against
PPO No.226827/PB in pursuance to Clause 3 of the copy of letter Sai Penl/N-
Penl/N
43/2006-07/724
07/724-25,
25, dated 20.09.2021. The aforesaid letter further stated that the
amount of Pensionary benefits drawn by him so far may be intimated to the office
of the Accountant General (A&E), Punjab, Chandigarh and also that it was never
the intent and import of the clause that he may be directed to refund the entire
amount of pensionary benefits received by him so far. He had asked that the
amount so received by him could be deducted from the arrears of pension/other
pensionary benefits to be released after the re-
re-fixation
fixation of pension on account of
change of category. The said request of the officer had been taken up with the
Accountant General (A&E), Punjab Chandigarh
Chandigarh vide this Court's letter dated
16.12.2021.
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21. Thereafter, in response to the aforesaid letter dated 16.12.2021, the
Accountant General (A&E), Punjab vide reply dated 23.12.2021 again reiterated
the demand for recovery of total amount of pensionary benefits (including Pension,
Gratuity) drawn by the petitioner. Thereafter, vide letter dated 02.02.2022, the
petitioner was requested to deposit the entire amount of pensionary benefits
(including Pension, Gratuity) drawn by him so far, while forwarding lletter
etter dated
23.12.2021 received from the Accountant General (A&E), Punjab.
22. 'No Due Certificate' was issued to the petitioner on 05.10.2023
stating therein that nothing is due against the petitioner who retired from service on
31.05.2017. Thereafter on 01.03.2024 a demand has been raised from the
petitioner qua interest amounting to Rs.7,38,698/
Rs.7,38,698/- on the pensionary benefits that
were recovered from him against PPO No.226827/PB in the light of the Punjab
Government letter dated 25.07.2022. In letter dated 25.07.2022, a reference is
made to Rule 9.13 of Punjab Civil Services
Service Rules VOL.II
OL.II for the recovery of
interest on the pensionary benefits that were recovered from the petitioner.
23. Rule 9.13 of Punjab Civil Service Rules, VOL.II is reproduced as
under:-
"9.13
9.13 Interest on delayed payment of gratuity
gratuity:- (1)If the payment of
gratuity has been authorised after three months from the date when its
gratuity
payment became due, and it is clearly established that the delay in
payment was due to administrative lapse, then an interest at the rates
applicable to deposits in General Provident Fund at the time payment
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of gratuity became due, shall be paid to the Government employee in
respect of the period beyond three months
months:
Provided that the delay in the payment was not caused
on account of failure on the part of the Government employee to
comply with the procedure laid down in this Chapter.
(2) Every case of delayed payment of gratuity shall suo motu be
considered by the Administrative
Administrative Department or the Department. as
the case may be, and where the Administrative Department is satisfied
that the delay in the payment of gratuity was caused on account of
administrative lapse, the Administrative Department shall make a
recommendation to the Department of Finance, Punjab for the
recommendation
payment of interest
(3) If the recommendation of the Administrative Department made
under sub-rule
sub rule (2) is accepted by the Department of Finance Punjab,
the Administrative Department concerned shall issue sanction for the
payment of interest
(4) In all cases where the payment of interest has been authorised
with concurrence of the Department of Finance Punja
Punjab,, the
Administrative Department concerned shall fix the responsibility and
take disciplinary action against the Government employee or
employees concerned, who are found responsible for the delay in the
payment of gratuity
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(5) If as a result of Government's decision taken subsequent to the
retirement of a Government employee, the amount of gratuity already
alrea
paid on his retirement, is enhanced on account of
(a) grant of emoluments higher than the emoluments on which
gratuity, already paid, was determined, or
(b) liberalisation in the provisions of these rules from a date
prior to the date of retirement of tthe
he Government employee
concerned, no interest on the arrears of gratuity shall be paid.
24. The Government of Punjab (respondent Nos. 1 and 2) has relied upon
the above mentioned Rule for issuance of impugned letter dated 01.03.2024 to
deposit the interest on the pensionary benefits. The above mentioned provision
would not be applicable to the petitioner
petitioner since it has been specifically mentioned in
the same that if delay in payment of gratuity is due to administrative lapse then an
interest at the rates applicable to deposits in General Provident Fund at the time of
payment of gratuity shall be paid
paid to the government employee in respect of the
period beyond three months. There is a proviso to the same which states that the
delay should not be caused on account of failure on the part of the government
employee to comply with the procedure laid down in the Chapter. Meaning
thereby Rule 9.13 specifically states that the government employee shall be paid
interest on the delayed payment of gratuity by the Government i.e. if the
government employee is paid gratuity beyond three months from the date when the
payment became due, then the Government shall pay to the government employee
the interest on the delayed payment.
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Further the proviso says that if the delay of payment of gratuity is
caused on account
ount of failure on the part of government employee to comply with
the procedure laid down in the Chapter then the government employee would not
be entitled to the interest on delayed payment of gratuity.
25. As per the reply of respondent Nos. 1 and 2 tthey
hey have applied this
Rule 9.13 of Punjab Civil Service Rules VOL.II in case of the petitioner. The
relevant part of the reply dated 02.09.2024 is reproduced as under:
under:-
"6. That Rule 9.13 of Punjab Civil Service Rules Voll
Voll-II
II aims at
protecting the financial
financial interest of the retired employee by paying
interest on such delayed amount of gratuity (pensionary benefit), if the
payment of gratuity authorized after three months from the date
within its payment became due. The payment of interest shall be made
in case the delay in payment is due to administrative lapse. As per
provision of this rule the amount of such interest shall be calculated
at the rates applicable to deposits in General Provident Fund.
On this analogy, any government money retained and utilized
by the government employee/pensioner for his personal use, which is
not due to him/her, needs to be refunded by him/her along with the
interest at the rates applicable to deposit in the General Provident
Fund and vice versa. The government can rig
rightfully
htfully ask for the refund
of such amount along with the interest thereto. In this case, the
government money was utilized by the petitioner for long period of
time.
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Accordingly, the Finance Department (Respondent No. 1) has
taken a decision and advised the
the Department of Home Affairs and
Justice (Respondent No. 2) vide letter dated 11.07.2022 that the
amount of government money in the form of pensionary benefits
retained and used by the petitioner from the date of his compulsory
retirement, i.e., from 08.06.2006
6.2006 till the date of deposit of said
government money in the government treasury, an interest at the rates
applicable to deposits in the General Provident Fund, as provided in
Rule 9.13 of Punjab Civil Services Vol. II shall also be paid to the
governme
government."
26. The reasoning given by respondent Nos. 1 and 2 is totally against the
law since the Rule referred to by respondent Nos. 1 and 2 i.e Rule 9.13 of Punjab
Civil Service Rules VOL.II, will not be applicable in case of the petitioner, since
this Rule reads as 'interest on delayed payment of gratuity' and would be
applicable only in case of the government since the government employee is not to
make the payment of the gratuity.
27. Further a perusal of the sequence of events and dates as referred to
above shows that since the petitioner was compulsorily retired
retired, he challenged the
order dated 08.06.2006 of compulsory retirement and his writ petition was allowed
vide judgment dated 08.08.2018,
08.08.2018, which was challenged by the Punjab and Haryana
High Court before the Hon'ble Supreme Court and the same was dismissed vide
judgment dated 07.05.2019.
07.05.2019 Ultimately
ltimately the decision was taken by the Full Court
of Punjab and Haryana High Court Chandigarh on 26.07.2019 and decision of the
Full Court was conveyed to Additional
Additional Chief Secretary, Department of Home
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Affairs and Justice (Judicial-1)
(Judicial 1) Branch, vide letter dated 29.07.2019. In the
decision of Full Court as reproduced above it is stated that recommendation be
made to the Government to withdraw its order dated 08.06.
08.06.2006
2006 regarding
compulsory retirement of Sh. Naginderjit Singh, former member of Punjab
Superior Judicial Service. It is further stated that he is deemed to be reinstated
w.e.f 08.06.2006 and it was resolved that payment of 50% of his salary from the
date of order of compulsory retirement i.e. 08.06.2006 till the date of
superannuation i.e 31.05.2017 be made to him alongwith continuity of service
throughout and he be granted terminal benefits including pension etc immediately.
28. It was the decision of respondent
respondent Nos. 1 and 2 itself that the petitioner
was asked to deposit the entire amount of pensionary benefits drawn by him on his
compulsory retirement w.e.f 24.06.2006 vide letter dated 20.09.2021 issued by the
Accountant General (A&E), Punjab (respondent
(respondent No.4) and there was no direction
either by any court of law or by the Full Court of Punjab and Haryana High Court.
29. Vide letter dated 25.11.2021, the District Treasury Officer, Punjab
Treasury, Chandigarh requested the Manager, State Bank of India
India, Sector 7-C/37,
C/37,
Chandigarh to forward statement with regard to the total pension drawn by the
petitioner by giving his PPO No.226827/PB w.e.f. 25.06.2006. Thereafter the
petitioner vide letter dated 02.12.2021, requested the respondent to take the amount
from the arrears of pension/other pensionary benefits to be released after the re-
re
fixation of pension on account of change of category. The request of the petitioner
was denied and he was asked to deposit the amount of pensionary benefits received
by him.. The petitioner returned the whole amount and was issued 'No Due
Certificate' dated 05.10.2023.
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30. A perusal of the whole record shows that there is no lapse on the part
of the petitioner throughout that he should be made liable to pay the interest.
Rather,
ther, as per the language of Rule 9.13, the delay in payment was due to
administrative lapse of respondent Nos. 1 and 2.
31. The petitioner was wrongly compulsorily retired which is proved by
the factual position that this Court vide judgment dated 08.08.2018
2018 set aside the
impugned order dated 08.06.2006 vide which he was ordered to be retired
compulsorily
ompulsorily from the service. C.W.P No.5639 of 2007 was allowed on
08.08.2018. The relevant portion of the judgment is reproduced as under ::-
07 is allowed.
(ii) The impugned order dated 08.06.2006 as well as the findings
by the Enquiry Officer in the departmental enquiry are quashed and
set aside.
(iii) The respondents shall make payment of 50% salary of the
petitioner from the date of order of retirement till the date of his
superannuation and shall also grant him continuity of service
throughout for the purpose of granting terminal benefits, including
pension etc. within a period of six months from the date of obtaining
certified copy of the present
present judgment.
32. SLP No.9689 of 2019 filed by the Registrar General
General, Punjab and
Haryana High Court, Chandigarh against the judgment dated 08.08.2018, was also
dismissed by the Hon'ble Supreme Court of India vide judgment dated 07.05.2019.
Thereafter, the Full Court of this Court on 26.07.2019 directed the Government of
Punjab to recall and withdraw its order dated 08.06.2006 regarding compulsory
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retirement of Sh. Naginderjit Singh, former member of Punjab Superior Judicial
Services.
33. A perusal of the above shows that the petitioner was compulsorily
retired on 08.06.2006, which was assailed by him in CWP No.5639 of 2007 and
his writ petition was allowed vide judgment dated 08.08.2018. This Court set
aside the order dated 08.06.2006 as well as finding by the Enquiry Officer in the
departmental enquiry and directed the respondents to make the payment of 50%
salary of the petitioner from the date of order retirement till the date of his
superannuation and further directed that the petition
petitioner
er shall also be granted
continuity of service throughout for the purpose of granting terminal benefits
including pension etc within a period of six months from the date of obtaining
certified copy of the judgment.
Meaning thereby the judgment of this C
Court
ourt was to be complied with
by the respondents within a period of six months from the date of obtaining
certified copy of the judgment.
34. The certified copy of the judgment dated 08.08.2018
.08.2018 was received on
13.11.2018. Six months from 13.11.2018 would end on 14.05.2019 i.e. the
respondents were to grant the benefits as per judgment dated 08.08.2018 to the
petitioner by 15.05.2019.
35. Though the judgment dated 08.08.2018 was challenged before the
Hon'ble Supreme Court, but the same was dismissed vide jjudgment
udgment dated
07.05.2019. Therefore, the directions given by this Court were not complied by
the respondents within the time limit granted by this Court.
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36. Since the petitioner superannuated on 31.05.2017 and the judgment of
this Court is dated 08.08.2018,
08.08.2018, as per Rule 9.13 of Punjab Civil Services Rules
VOL-II,
II, the payment of gratuity is to be paid to the government employee within
three months from the date of retirement and if there is delay on the part of
government and the gratuity is paid beyond tthree
hree months then the government
employee is entitled for the interest on the delayed payment. In the present case
though the petitioner superannuated on 31.05.2017, but since due to pendency of
his challenge to the compulsorily retirement order dated 08.06
08.06.2006,
.2006, which was
decided on 08.08.2018 his period for the purposes of Rule 9.13 would start from
08.08.2018, which this Court made to six months yet the same was not paid to the
petitioner within the time limit granted by this Court. Even for that matter we take
further period of challenge to the judgment dated 08.08.2018 by the respondents,
the Hon'ble Supreme Court dismissed the appeal filed by the respondents on
07.05.2019. Still the respondents did not comply with the judgment dated
08.08.2018, which was affirmed by the Hon'ble Supreme Court on 07.05.2019,
which rather amount to contempt of Court. This further amounts to harassment of
the petitioner at the hands of respondents due to unnecessary
procedure/departmental formalities.
37. A perusal of the
the record shows that when the petitioner was
compulsorily retired vide order dated 08.06.2006, he was granted pension which
was deposited by the respondents in the account of the petitioner and since that
order of compulsorily retirement dated 08.06.2006 wa
wass set aside by this Court and
the petitioner superannuated on 31.05.2017, when the pensionary benefits were to
be paid to the petitioner after his case of compulsory retirement ultimately decided
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by Hon'ble Supreme Court vide judgment dated 07.05.201
07.05.2019, the Finance
Department vide letter dated 25.07.2022 stated that the pension was received by
the retired officer before the time,
time without realisation of the fact that it was
deposited by the respondents itself in his account, which was returned back by him
and he was granted 'No Due Certificate' that too because of the formality of the
Accountant General Office with respect to the change of category of the petitioner.
Even after facing so much of litigation till date pensionary benefits are not granted
to the petitioner
etitioner and the respondents are asking for the interest on the delayed
payment from the petitioner which order itself is bad in the eyes of law.
38. In view of the above discussion and in view of Rule 9.13 of Punjab
Civil Services Rules, VOL.II, respondent Nos. 1 and 2 are directed to pay the
interest @9% on the delayed payment of pensionary benefits to the petitioner.
39. In view of the above, the present writ petition is allowed and the
impugned letter dated 01.03.2024 is set aside and quashed.
40. Pending application(s),
application , if any, also stand disposed of.
(SURESHWAR
SURESHWAR THAKUR)
THAKUR (SUDEEPTI
SUDEEPTI SHARMA
SHARMA)
JUDGE JUDGE
September 23,, 2024
tripti
Whether speaking/reasoned: Speaking
Whether reportable: Yes / No
