Naginderjit Singh v. State of Punjab and Others

IN

Naginderjit Sing

State of Punjab

CORAM: HO

HO

Present: Mr

Mr

Ms

SUDEEPTI SH

No.6872/PEN.2 for Registrar G

25.07.2022 issu present petition through Princip respondent No. (Judicial-1) Bra General, Punjab

N THE HIGH COURT OF PUN

AT CHANDIG -.-

CW

Re

Pro gh

Vs.

and Others

ON'BLE MR. JUSTICE SURE ON'BLE MRS. JUSTICE SUDE r. H.P.S.Bunger, Advocate for th r. Maninder Singh, Sr. DAG Punj s. Divya Sharma, Advocate for re

---- HARMA J. e challenge in the present .VI.J, dated 01.03.2024, issued b General, Punjab and Haryana H ued by the Department of Finan is for issuance of direction to pal Secretary to Govt. of Punjab .2 (The Principal Secretary, D anch, Punjab Civil Secretariat) a b and Haryana High Court, Cha

NJAB & HARYANA GARH WP-14421-2024 (O&M) served on 09.09.2024 onounced on : 23.09.2024

......Petitioner

......Respondents ESHWAR THAKUR EEPTI SHARMA he petitioner. njab. espondent No.3. writ petition is to the le by the Assistant Registrar (Pensi High Court in lieu of letter da nce, Punjab. Further prayer in respondent No.1 (State of Pun b Department of Finance, Punja Department of Home Affairs a and respondent No.3 (The Regis andigarh) to pay the interest @1

etter ion) ated njab ab), and trar 8%

on the delay of petitioner from

2.

i) Ser pro Ad

¶12cau det reti

ii) wh Cou dire dat sup

iii) per jud

iv) refi

f payment of salary, pensionary

14.05.2019 till date. e brief facts as stated in the petit That the petitioner was initi rvices (Judicial Branch) on 17. omoted to Punjab Superior Jud dditional District and Sessions Ju

07.2004, a charge-sheet was s use notice was served on 11.11 tailed reply on 30.11.2005 and ired from service on 08.06.2006. Subsequently the petitione hereby the impugned order dated urt vide judgment dated 08.08 ected to make payment of 50% te of order of the compulsory perannuation.

The Court further granted co purpose of granting terminal b riod of six months from the date dgment dated 08.08.2018. That the petitioner vide let fix his pension and release his arr

y benefits and gratuity etc., to tion are as under:- ially appointed to the Punjab C

10.1983 and subsequently he w dicial Services and was posted udge on 18.02.1999. However, served on the petitioner and sh .2005. The petitioner submitte d the petitioner was compulso . er filed CWP No. 5639 of 20 d 08.06.2006 was set aside by t

8.2018 and the respondents w % salary of the petitioner from y retirement till the date of ontinuity of service throughout benefit, including pension, withi e of obtaining certified copy of tter dated 09.11.2018 requested rears of pay.

Civil was d as , on how ed a rily 007, this were his for in a

v) (Th file by pen ent rec rele

vi) Acc Au Tre

vii) Du Reg Thi

¶14Le

"

Fro

The petitioner filed COCP N he Registrar General, Punjab and ed a reply wherein it was stated the Accountant General as ca nsion had changed and the peti tire amount of pensionary ben .226827/PB, but the petitioner eived by him could be deducted eased after refixation of pension Another affidavit in the co countant General on 14.07.2023 uthority is the District Treasur easury Officer be made party in t ) The petitioner returned pens ue Certificate' on 5.10.2023, by gistrar General of Punjab and is was done in lieu of letter da

07.2023 and 05.10.2023, are rep tter dated 14.07.2023 No________/Pen.2/VI.J. om

The Registrar General

High Court of Punjab

Chandigarh.

No.2837 of 2018. Respondent N d Haryana High Court, Chandiga that certain objections were rai ategory of petitioner to draw itioner was directed to deposit nefits drawn by him against P r had requested that the amo d from the arrears of pension to on account of change of categor ontempt petition was filed by 3 to state that the entire Disburs ry Officer and thus the Dist the contempt petition. ionary benefits and was issued ' the Assistant Registrar General Haryana High Court Chandiga ated 14.07.2023. The letters da produced as under:- l, and Haryana,

No.3 arh) ised his PPO ount o be ry. sing trict 'No for arh.

To

Sub

Sir, to i cum 55, & 2 Nag ser Cou arr PP pai inti Enc

End

The District Treasury

Jalandhar.

Dated, Chandigarh, th bject:- Issuance of 'Non-Pay

Naginderjit Singh. A

retired from service on

1123042958). ,

I am directed to refer inform you that no Provisional P m-Retirement Gratuity except a 02,815/- towards pension as per

21.06.2023 submitted by SBI, Se 23 and Rs. 2,75,634/- toward 6827/Pb. on compulsory reti ginderjit Singh, Addl. District rvice on 31.05.2017 on attaining urt. After supplying a copy thereo rears of pension payable to the o PO No. 1123042958, after adju id pensionary benefits to the imation to this Court.

cl: As above

dst.No______/Pen.2/VI.J., dated

Officer, he _______ ment Certificate' in respect of Addl. District & Sessions Jud n 31.05.2017 (e-P.P.O. No. you on the subject cited above a Pension and no Provisional Dea an amount of Rs. 57,78,449/- ( r Bank statement dated 05.04.20 ector 37, Chandigarh till 3rd Ap ds DCRG paid against PPO N irement) has been paid to t & Sessions Judge, retired fr g the age of superannuation, by t of, you are further requested to p officer w.e.f. 01.06.2017, agains usting the total amount of alrea e tune of Rs. 57.78,449/- un

Yours faithfully,

Sd/- Assistant Registrar (Pension) for Registrar General d _______

Sh. dge, and ath- (Rs. pril. No. Sh. rom this pay st e-ady nder )

Cop Cha 24/

End

Cop info 24/

End

Cop Ses Jal

Le

" Fro

To

Sub

Sir, to

py forwarded to the office of andigarh, for information w.r /PE/23/10/80571222, dated 17.0 dst.No______/Pen.2/VI.J., dated py forwarded to District & formation alongwith copy of /PE/23/10/80571222, dated 17.0 dst.No.1788 SPL Pen.2/VI.J., da py forwarded to Sh. Naginde ssions Judge (retired),R/o # landhar, for information.

tter dated 05.10.2023

No.__________Genl./I om

The Registrar General

High Court of Punjab

Chandigarh.

The Chief Secretary to

Civil Secretariat, Punj

Dated, Chandigarh the bject: Issuance of N.D.C. in

former member of P

since retired from the s ,

I am directed to refer say that nothing is due agains

Account General (A&E), Punj r.t letter No.Pen01/intimation/

06.2023. d _______ Sessions Judge, Ferozepur, f letter No.Pen01/intimation/

06.2023. ated 14.07.2023 erjit Singh, Additional District #1113, Urban Estate, Phase Sd/- Assistant Registrar (Pension) for Registrar General" /III.F.15. l, and Haryana, o Government of Punjab, jab, Chandigarh. e ________ favour of Sh. Naginderjit Singh Punjab Superior Judicial Servic service on 31.05.2017. r you on the subject cited above a st Sh. Naginderjit Singh, a form

jab, /23-for /23-t & e-1, ) h, a ces, and

mem ser

End

Cop act

1. T

2.T

3. T

End

Cop act

1. S

2. S

3. S

4. S

5.S

¶6Cou

End

Cop Sup

31.

mber of Punjab Superior Judici rvice on 31.05.2017.

dst. No.__ Genl./III.F.15 Dated _ py forwarded to the following tion:- The Accountant General (A&E), The District Treasury Officer, Jal The District & Sessions Judge, F

dst. No.____Genl./III.F. 15. Dat py forwarded to the following tion:- Superintendent Pension Branch Superintendent Accounts Branch Superintendent Salary Branch. Superintendent Gaz I Branch. Superintendent Gazette-II Branch Superintendent Vigilance Bran urt, Chandigarh

dst. No. 1534 SPL Genl./III.F. 1 py forwarded to Sh. Naginderjit perior Judicial Services, sinc

05.2017 (retd) through District

ial Services, since retired from

Yours faithfully,

sd/- Assistant Registrar (General) for Registrar General. _______ g for information and necess Punjab, Chandigarh. landhar. Ferozepur.

sd/- Assistant Registrar (General) for Registrar General. ted_______ g for information and necess (with two spare copies), h. h. nch (Punjab and Haryana H

sd/- Assistant Registrar (General) for Registrar General.

¶5Dated. 30.09.2023 Singh, a former member of Punj ce retired from the service & Sessions Judgo, Ferozepur.

sd/- Assistant Registrar (General)

l) sary l) sary High l) njab on l)

3.

Tha interest of Rs.7, is impugned in t

"No

Fro

To

Sub

Ref

Sir, to r PP

¶25inti pro Enc

at letter dated 01.03.2024 was is 38,698/- on the pensionary bene the present writ petition and is re o.6872/Pen.2/VI.J. om

The Registrar General

High Court of Punjab

Chandigarh.

Sh. Naginderjit Singh

(retd. Addl.District &

R/o # 1113, Urban Est

Jalandhar City.

Dated, Chandigarh, th bject:- Pension Case of Sh. N

Sessions Judge, Fer

31.05.2017. f:- This Court's letter E

12.09.2022. ,

I am directed to refer request you to deposit the inter e pensionary benefits that has PO No.226827/PB., in the light o

07.2022 (Copy attached), in imation to this Court, so tha ocessed accordingly.

cl: As above

for Registrar General." ssued to the petitioner to deposit efits recovered from him. The sa eproduced as under:- l, and Haryana, Sessions Judge, tate, Phase-1 he 01.03.2024 Naginderjit Singh, Addl. Distric rozepur, retired from service Endst. No.22355/Pen.2/VI/J, da you on the subject cited above a rest amounting to Rs.7,38,698/- been recovered from you, aga of Punjab Government letter da the concerned treasury, un at your case for DCRG may

Yours faithfully,

Sd/- Assistant Registrar (Pension)

ame t & on ated and on inst ated nder be )

End

Cop Cha

4.

Let

Sub Nag

Go Dep FD

11.

¶2tow cla tim wh be

dst.No______/Pen.2/VI.J., dated py forwarded to the office of andigarh, for information." tter dated 25.07.2022, is reprodu "

Punjab G

Finance D

(Finance pension Pol bject: COCP No. 2837 of ginderjit Singh Vs. Satish Chand

For kind attention vernment of Pun.jab, Ministr partment regarding above said D-FPPCOADVC/6/2020-1FPP/1/

07.2022.

For the kind attention wards the letter dated 11.07.202 rified that the pension was recei me and later on it was deposite ich regarding the recovery the e Rule 9.12 of the Punjab Civil S taken.

For Registrar General d _______ Account General (A&E), Punj uced as under:- Government Department licy and Coordination Branch) 2019 in CWP No.. 5633/20 dra, IAS and Others. n to Principal Secreta ry of Home Affairs and Just subject and this department le /385723/1/390946/2020 da n of the Administrative Departm 22 of the Finance Department, i ived by the retired officer before ed in the Government treasury, appropriate interest according Service Rules Volume-2 may kin

Sd/- Harminder Kaur Superintendent

jab, 007-ary, tice tter ated ment it is on g to

To

SUBMISSIONS

5.

Lea dated 01.03.202 petitioner to dep from the petition of the responden returned the pen Therefore, he pr allowed.

6.

Per Rule 9.13 of Pu liable to pay the Therefore, the i issued.

7.

Lea letter dated 01.0 dated 25.07.202

Principal Secretary

Government of Punjab

Home Affairs and Just

Judicial – 1 Branch,

Punjab Civil Secretari S OF THE LEARNED COUN arned counsel for the petitioner 24 is bad in the eyes of law sin posit the interest on the pension ner. He further contends that it w nts that the petitioner was compu nsionary benefits and was issued rays that the impugned letter be s r contra, learned counsel for re unjab Civil Services Rules, VOL e interest on late return of pensio impugned letter demanding inte arned counsel for respondent N

03.2024 for recovery of the inte 22 issued by the Government of P

25/07/2022 b tice Department, iat, Chandigarh" SEL FOR THE PARTIES r contends that the impugned le nce the respondent cannot ask nary benefits which were recove was because of the lapse on the p ulsorily retired from service and 'No Due Certificate' on 5.10.20 set aside and the present petition spondent Nos. 1 and 2 relies up .II to submit that the petitioner w onary benefits as per the said Ru erest on payment has rightly b No.3 contends that the impugn erest is issued in view of the le Punjab.

etter ered part d he

¶023n be pon was ule. een ned

8.

We record. ANALYSIS OF

9.

A p of 2007 challen ordered to be co allowed vide ju challenged by t Court by way o judgment dated 2019, titled as Another.

10.

dated 08.08.201 service througho etc, was conside took the followi " Sup Cou of Shr

e have heard learned counsel for F THE RECORD perusal of the record shows that nging the order dated 08.06.2 ompulsorily retired by way of p udgment dated 08.08.2018. Th the Punjab and Haryana High C of Special Leave Petition. How d 07.05.2019 by the Hon'ble Su 'Punjab and Haryana High C ereafter, the matter regarding 18, inter alia entailing re-instate out for the purpose of granting t ered in Full Court meeting held ing decision:- Resolved that in view of the preme Court of India passed in S e judgment dated 08.08.2018 of urt passed in CWP No.5639 of 2 the Hon'ble Full Court recomm ri Naginderjit Singh, former me

-10 r the parties and perused the wh the petitioner had filed CWP-56 006, whereby, the petitioner w punishment. The writ petition w he judgment dated 08.08.2018 w Court before the Hon'ble Supre wever, the same was dismissed v upreme Court in SLP No.9689 Court Vs. Naginderjit Singh a implementation of the judgm ement of the officer, continuity terminal benefits, including pens d on 26.07.2019 and the Commit order dated 07.05.2019 of Hon SLP No.9689 of 2019, arising ou of Hon'ble Division Bench of t 2007, the decision dated 08.05.20 mending compulsory retirement ember of Punjab Superior Judic

0-hole was was was eme vide 9 of and ment y of sion ttee 'ble ut of this t of

Ser of com Pun rein 50% till alo ben

11.

Additional Chie & Justice, (Judic dated 24.09.201 No.2 acted upon dated 26.07.201

12.

effect from 08 conveyed vide E

13.

and Sessions Ju was requested to rules/instruction

rvice be recalled and recommen Punjab to withdraw its ord mpulsory retirement of Shri Nag njab Superior Judicial Service, nstated w.e.f 08.06.2006. It is % of his salary from the date of the date of his superannuation ongwith continuity of service thro nefits, including pension etc. imm e above said order of the F ef Secretary to Government of Pu cial-I) Branch, Chandigarh vide 19 was also issued to the quarte n the judgment of Hon'ble Apex 9 by sending letter dated 29.07.2 e petitioner was reinstated to Pu

8.06.2006, vide Punjab Govt Endorsement No.4/9/2019-3 Judl e pay of the petitioner was re-f udge, Ferozepur vide letter dated o draw and disburse 50% salary ns on the subject.

-11 ndation be made to the Governm der dated 08.06.2006 regard ginderjit Singh, former member from service. He is deemed to s further resolved that payment f order of retirement i.e. 08.06.20 n i.e. 31.05.2017 be made to h oughout and he be granted termi mediately." Full Court was conveyed to unjab, Department of Home Affa letter dated 29.07.2019. Remin er concerned. As such respond x Court and decision of Full Co 2019. unjab Superior Judicial Service w t. Notification dated 18.10.20 l-1 (1)/1626 dated 05.11.2019. fixed and conveyed to the Dist d 15.05.2020. The learned Offi to the petitioner in accordance w

1-ment ding r of o be t of him inal fairs nder dent ourt with 019, trict ficer

14.

Vid Ferozepur was

19.02.2003 to 0 further requested

15.

Vid Ferozepur was f Rs.16,13,411/- Eleven only) on 300 days and i petitioner.

16.

General (A&E) calculations and dated 04.12.202 Thereafter, vide returned the pen

(i)

(ii)

de letter dated 18.07.2020, the le further informed that the sus

07.06.2006 was ordered to be tr d to draw and disburse the arrear de letter dated 08.12.2020, the le further informed that sanction h (Rupees Sixteen Lakhs Thirte n account of leave encashment in it was further requested to dra e aforesaid communication was , Punjab vide letter dated 28.08 d authorize its payment as per ru 20, 08.02.2021, 26.05.2021, 29.0 e letter dated 20.09.2021, Ac nsion case of the petitioner with t The above named officer

23.06.2006 and pensionary accordingly.

As per pay fixation made at his pay has been re-fixed w upto date of superannuation judgment in CWP-5639 of 20

-12 earned District and Sessions Jud spension period with effect fr reated as "spent on duty". It w rs of salary, if any. earned District and Sessions Jud had been accorded for an amount een Thousand Four Hundred a n lieu of unutilized Earned Leave aw and disburse the same to s also forwarded to the Account

8.2020 with a request to verify ules. Thereafter, various remind

07.2021 and 15.09.2021 were se ccountant General (A&E), Pun the following remarks:- has been retired compulsory y benefits have been authori page No.32 to 35 of Service Bo w.e.f 01.02.2003 to 31.05.2017 n i.e. 31.05.2017, implementing 007 and he retired on 31.05.2017

2-dge, rom was dge, t of and e of tant ders ent. njab on zed ook, i.e.

7.

(iii)

(iv)

17.

In General (A&E), and in complian Accountant Gen being drawn by Services, agains changed.

18.

As Accountant Gen Punjab Superior pensionary bene against PPO N process of autho

31.05.2017 may copy was also Chandigarh, wit benefits drawn Judicial Service

) Treatment of pensionary authorised earlier and drawn ) Copy of judgment given b speaking order of competent case. view of the objections raised , Punjab, Chandigarh, the matte nce with orders dated 16.11.202 neral (A&E), Punjab, Chandigarh Sh. Naginderjit Singh, former m st PPO No.226827/PB as his ca per copy of letter dated 20.09.20 neral (A&E), Punjab, Sh. Nag r Judicial Services, was request efits drawn by him on his compu o.226827/PB as desired in the orization of fresh pensionary be y be initiated (as desired vide af o endorsed to the District Tr th the request to provide the deta by Sh.Naginderjit Singh, for es, w.e.f. 24.06.2006 against PPO

-13 benefits i.e. Pension & D by the retiree may be intimated. by the Hon'ble Court alongw t authority may be supplied with by the office of the Account er was placed before the authori 1, vide letter dated 25.11.2021, h was requested to stop the pens member of Punjab Superior Judic ategory and date of retirement h 021, received from the office of inderjit Singh, former member ted to deposit the entire amount ulsory retirement w.e.f. 24.06.20 e letter at the earliest, so that enefits as per date of retirement foresaid letter dated 20.09.2021 easury Officer, Punjab Treasu ailed statement of entire pension rmer member of Punjab Super O No.226827/PB. The said offi

3-DCR . with tant ties sion cial had f the r of t of t i.e ), a ury, nary rior

was further requ of superannuatio

19.

District Treasur State Bank of In to total pension said bank again onward transmis

20.

member of Pun directed to depo PPO No.226827 43/2006-07/724 amount of Pensi of the Accounta the intent and i amount of pens amount so rece pensionary bene change of categ Accountant Gen

16.12.2021.

uested to return the PPO, so that on can be processed. ereafter, in response to this Co ry Officer, Punjab Treasury, C ndia, Sector 7-C/37, Chandigarh drawn by Sh. Naginderjit Singh nst PPO No.226827/PB, w.e.f.2 ssion to this Court. ereafter, vide letter dated 02.12.2 njab Superior Judicial Services osit the entire amount of pension 7/PB in pursuance to Clause 3 4-25, dated 20.09.2021. The afo ionary benefits drawn by him so ant General (A&E), Punjab, Cha import of the clause that he ma sionary benefits received by hi ived by him could be deducted efits to be released after the re-gory. The said request of the o neral (A&E), Punjab Chandiga

-14 t the fresh pension case as per d ourt's letter dated 25.11.2021, handigarh requested the Manag h, to forward statement with reg h, who is drawing pension from

25.06.2006, at the earliest, for 2021 Sh. Naginderjit Singh, form s, had requested that he had b nary benefits drawn by him agai of the copy of letter Sai Penl oresaid letter further stated that o far may be intimated to the off andigarh and also that it was ne ay be directed to refund the en im so far. He had asked that d from the arrears of pension/ot -fixation of pension on account officer had been taken up with arh vide this Court's letter da

4-date ger, gard mer een inst l/N-fice ever ntire ther t of

21.

Accountant Gen the demand for r Gratuity) drawn petitioner was (including Pens

23.12.2021 rece

22.

'No stating therein th

31.05.2017. T petitioner qua in were recovered Government let made to Rule 9 interest on the p

23.

Ru under:- "9. gra pay pay app

ereafter, in response to the afo neral (A&E), Punjab vide reply recovery of total amount of pens n by the petitioner. Thereafter, requested to deposit the entir ion, Gratuity) drawn by him so eived from the Accountant Gener o Due Certificate' was issued hat nothing is due against the pet Thereafter on 01.03.2024 a de nterest amounting to Rs.7,38,69 from him against PPO No.226 tter dated 25.07.2022. In letter

9.13 of Punjab Civil Services pensionary benefits that were reco ule 9.13 of Punjab Civil Service 13 Interest on delayed paymen atuity has been authorised after t yment became due, and it is cle yment was due to administrative plicable to deposits in General P

-15 resaid letter dated 16.12.2021, y dated 23.12.2021 again reitera sionary benefits (including Pensi vide letter dated 02.02.2022, re amount of pensionary bene o far, while forwarding letter da ral (A&E), Punjab. d to the petitioner on 05.10.20 titioner who retired from service emand has been raised from 98/- on the pensionary benefits t 6827/PB in the light of the Pun r dated 25.07.2022, a reference Rules VOL.II for the recovery overed from the petitioner. e Rules, VOL.II is reproduced nt of gratuity:- (1)If the paymen three months from the date when early established that the delay e lapse, then an interest at the ra Provident Fund at the time paym

5-ated ion, efits ated e on that njab e is y of d as t of n its y in ates

of g resp on com

(2) con tha adm rec pay

(3) und pay

(4) wit Adm tak emp pay

gratuity became due, shall be pa spect of the period beyond three

Provided that the dela account of failure on the par mply with the procedure laid dow Every case of delayed payme nsidered by the Administrative D e case may be, and where the Adm at the delay in the payment of g ministrative lapse, the Adminis commendation to the Departm yment of interest If the recommendation of the der sub-rule (2) is accepted by t e Administrative Department con yment of interest In all cases where the payme th concurrence of the Depa ministrative Department concer ke disciplinary action against ployees concerned, who are fou yment of gratuity

-16 aid to the Government employee months: ay in the payment was not cau rt of the Government employee wn in this Chapter. ent of gratuity shall suo motu Department or the Department. ministrative Department is satisf gratuity was caused on account strative Department shall make ment of Finance, Punjab for Administrative Department ma the Department of Finance Punj ncerned shall issue sanction for ent of interest has been authori artment of Finance Punjab, rned shall fix the responsibility a t the Government employee und responsible for the delay in

6-e in used e to be . as fied t of e a ade jab, ised and

(5) reti pai

24.

the above ment deposit the inte would not be ap the same that if interest at the ra payment of gra period beyond t delay should no employee to co thereby Rule 9. interest on the government emp payment becam the interest on th

If as a result of Government's irement of a Government employ id on his retirement, is enhanced

(a) grant of emoluments hig gratuity, already paid, was d

(b) liberalisation in the pro prior to the date of retirem concerned, no interest on the e Government of Punjab (respon tioned Rule for issuance of im erest on the pensionary benefits pplicable to the petitioner since it f delay in payment of gratuity is ates applicable to deposits in Ge atuity shall be paid to the gover three months. There is a provis ot be caused on account of failu omply with the procedure laid 13 specifically states that the g e delayed payment of gratuity ployee is paid gratuity beyond th me due, then the Government sha he delayed payment.

-17 s decision taken subsequent to yee, the amount of gratuity alrea d on account of gher than the emoluments on wh determined, or ovisions of these rules from a d ment of the Government employ e arrears of gratuity shall be paid ndent Nos. 1 and 2) has relied up mpugned letter dated 01.03.2024 s. The above mentioned provis t has been specifically mentioned due to administrative lapse then neral Provident Fund at the time rnment employee in respect of o to the same which states that ure on the part of the governm d down in the Chapter. Mean government employee shall be p y by the Government i.e. if hree months from the date when all pay to the government emplo

7-ady hich date oyee d. pon 4 to sion d in n an e of ment ning paid

Fur caused on accou the procedure la be entitled to the

25.

As Rule 9.13 of Pu relevant part of "6. pro inte pay wit in pro at t by not inte Fun of gov tim

rther the proviso says that if th unt of failure on the part of gov aid down in the Chapter then th e interest on delayed payment of per the reply of respondent No unjab Civil Service Rules VOL the reply dated 02.09.2024 is rep

That Rule 9.13 of Punjab C otecting the financial interest o erest on such delayed amount of yment of gratuity authorized a thin its payment became due. The case the delay in payment is d ovision of this rule the amount o the rates applicable to deposits i On this analogy, any govern the government employee/pensi t due to him/her, needs to be re erest at the rates applicable to nd and vice versa. The governme such amount along with the vernment money was utilized by me.

-18 he delay of payment of gratuity vernment employee to comply w he government employee would f gratuity. os. 1 and 2 they have applied t L.II in case of the petitioner. T produced as under:- Civil Service Rules Voll-II aims of the retired employee by pay f gratuity (pensionary benefit), if after three months from the d e payment of interest shall be ma due to administrative lapse. As p of such interest shall be calcula in General Provident Fund. nment money retained and utili oner for his personal use, which efunded by him/her along with o deposit in the General Provid ent can rightfully ask for the refu interest thereto. In this case, y the petitioner for long period

8-y is with not this s at ying f the date ade per ated ized h is dent fund

tak Jus am reta reti gov app Rul gov

26.

law since the Ru Civil Service Ru this Rule reads applicable only make the payme

27.

Fur above shows th order dated 08.0 vide judgment d High Court befo judgment dated of Punjab and H Full Court was

Accordingly, the Finance D ken a decision and advised the stice (Respondent No. 2) vide ount of government money in ained and used by the petitione irement, i.e., from 08.06.2006 vernment money in the governme plicable to deposits in the Gener le 9.13 of Punjab Civil Service vernment." e reasoning given by respondent ule referred to by respondent No Rules VOL.II, will not be applica s as 'interest on delayed pay in case of the government since ent of the gratuity. rther a perusal of the sequence at since the petitioner was comp

06.2006 of compulsory retiremen dated 08.08.2018, which was cha fore the Hon'ble Supreme Court

07.05.2019. Ultimately the de Haryana High Court Chandigarh s conveyed to Additional Chief

-19 Department (Respondent No. 1) Department of Home Affairs a letter dated 11.07.2022 that n the form of pensionary bene er from the date of his compuls 6 till the date of deposit of s ent treasury, an interest at the ra ral Provident Fund, as provided es Vol. II shall also be paid to t Nos. 1 and 2 is totally against os. 1 and 2 i.e Rule 9.13 of Pun able in case of the petitioner, si yment of gratuity' and would the government employee is no of events and dates as referred pulsorily retired, he challenged nt and his writ petition was allow allenged by the Punjab and Hary t and the same was dismissed v cision was taken by the Full Co h on 26.07.2019 and decision of f Secretary, Department of Ho

9-has and efits sory said ates d in njab nce be ot to d to wed ana vide ourt

Affairs and Jus decision of Full made to the G compulsory ret Superior Judicia w.e.f 08.06.200 date of order superannuation throughout and h

28.

It w was asked to de compulsory reti Accountant Gen either by any co

29.

Vid Treasury, Chand Chandigarh to f petitioner by gi petitioner vide l from the arrears fixation of pensi was denied and by him. The p Certificate' date

stice (Judicial-1) Branch, vide l Court as reproduced above it Government to withdraw its o tirement of Sh. Naginderjit S al Service. It is further stated 6 and it was resolved that paym of compulsory retirement i i.e 31.05.2017 be made to him he be granted terminal benefits i was the decision of respondent N posit the entire amount of pensio rement w.e.f 24.06.2006 vide le neral (A&E), Punjab (responden ourt of law or by the Full Court o de letter dated 25.11.2021, the digarh requested the Manager, S forward statement with regard iving his PPO No.226827/PB w etter dated 02.12.2021, requested s of pension/other pensionary b ion on account of change of cate he was asked to deposit the amo petitioner returned the whole ed 05.10.2023.

-20 letter dated 29.07.2019. In t is stated that recommendation order dated 08.06.2006 regard Singh, former member of Pun that he is deemed to be reinsta ment of 50% of his salary from i.e. 08.06.2006 till the date m alongwith continuity of serv including pension etc immediate Nos. 1 and 2 itself that the petitio onary benefits drawn by him on etter dated 20.09.2021 issued by nt No.4) and there was no direct of Punjab and Haryana High Cou District Treasury Officer, Pun State Bank of India, Sector 7-C/ to the total pension drawn by w.e.f. 25.06.2006. Thereafter d the respondent to take the amo benefits to be released after the egory. The request of the petitio ount of pensionary benefits receiv amount and was issued 'No D

0-n be ding njab ated of vice ly. oner his tion urt. njab /37, ount re-oner ved

30.

A p of the petitione Rather, as per administrative la

31.

the factual posi impugned orde compulsorily fr

08.08.2018. Th

(i)

(ii) by set

(iii) pet sup thro pen cer

32.

SLP Haryana High C dismissed by the Thereafter, the F Punjab to recal

perusal of the whole record show er throughout that he should b the language of Rule 9.13, th apse of respondent Nos. 1 and 2. e petitioner was wrongly compu tion that this Court vide judgm er dated 08.06.2006 vide whic from the service. C.W.P No. he relevant portion of the judgme CWP No.5639 of 2007 is allo

The impugned order dated 0 the Enquiry Officer in the dep aside. ) The respondents shall mak titioner from the date of order perannuation and shall also g oughout for the purpose of gra nsion etc. within a period of six rtified copy of the present judgm P No.9689 of 2019 filed by t Court, Chandigarh against the ju e Hon'ble Supreme Court of Ind Full Court of this Court on 26.0 l and withdraw its order dated

-21 ws that there is no lapse on the p e made liable to pay the inter he delay in payment was due . ulsorily retired which is proved ment dated 08.08.2018 set aside ch he was ordered to be reti .5639 of 2007 was allowed ent is reproduced as under :- owed.

08.06.2006 as well as the findi artmental enquiry are quashed a ke payment of 50% salary of of retirement till the date of grant him continuity of serv anting terminal benefits, includ months from the date of obtain ment. the Registrar General, Punjab a dgment dated 08.08.2018, was a dia vide judgment dated 07.05.20

7.2019 directed the Governmen

08.06.2006 regarding compuls

1-part rest. e to d by ired on ngs and his vice ding ning and also

¶019t of

retirement of Sh Services.

33.

A p retired on 08.06 his writ petition aside the order departmental en salary of the p superannuation continuity of se including pensio certified copy of

Me by the respond certified copy of

34.

13.11.2018. S respondents we petitioner by 15

35.

Tho Hon'ble Suprem

07.05.2019. Th the respondents

h. Naginderjit Singh, former m perusal of the above shows tha

6.2006, which was assailed by h n was allowed vide judgment d dated 08.06.2006 as well as fin nquiry and directed the respond petitioner from the date of ord and further directed that the ervice throughout for the purp on etc within a period of six m f the judgment. eaning thereby the judgment of t dents within a period of six m f the judgment. e certified copy of the judgment Six months from 13.11.2018 w re to grant the benefits as per .05.2019. ough the judgment dated 08.08 me Court, but the same was herefore, the directions given by within the time limit granted by

-22 member of Punjab Superior Judic at the petitioner was compulso him in CWP No.5639 of 2007 a dated 08.08.2018. This Court nding by the Enquiry Officer in dents to make the payment of 5 der retirement till the date of petitioner shall also be gran pose of granting terminal bene months from the date of obtain this Court was to be complied w months from the date of obtain t dated 08.08.2018 was received would end on 14.05.2019 i.e. judgment dated 08.08.2018 to

8.2018 was challenged before s dismissed vide judgment da y this Court were not complied y this Court.

2-cial rily and set 0% his nted efits ning with ning d on ated

36.

Sin this Court is da VOL-II, the pay three months fr government and employee is ent though the petit his challenge to decided on 08.0

08.08.2018, whi petitioner within further period o the Hon'ble Su

07.05.2019. S

08.08.2018, wh which rather am petitioner procedure/depar

37.

A compulsorily re was deposited b order of compul the petitioner su be paid to the pe

nce the petitioner superannuated ated 08.08.2018, as per Rule 9. yment of gratuity is to be paid t rom the date of retirement and d the gratuity is paid beyond t titled for the interest on the del tioner superannuated on 31.05.2 o the compulsorily retirement o

08.2018 his period for the purpo ich this Court made to six month n the time limit granted by this C of challenge to the judgment dat upreme Court dismissed the ap Still the respondents did not c hich was affirmed by the Hon'b mount to contempt of Court. Thi at hands of resp rtmental formalities. perusal of the record shows etired vide order dated 08.06.20 by the respondents in the accou lsorily retirement dated 08.06.20 uperannuated on 31.05.2017, wh etitioner after his case of compu

-23 on 31.05.2017 and the judgmen 13 of Punjab Civil Services Ru o the government employee wit d if there is delay on the part three months then the governm layed payment. In the present c 2017, but since due to pendency order dated 08.06.2006, which w oses of Rule 9.13 would start fr hs yet the same was not paid to Court. Even for that matter we t ted 08.08.2018 by the responden ppeal filed by the respondents comply with the judgment da ble Supreme Court on 07.05.20 is further amounts to harassment pondents due to unnecess s that when the petitioner w 006, he was granted pension wh unt of the petitioner and since t 006 was set aside by this Court a hen the pensionary benefits were ulsory retirement ultimately decid

3-t of ules thin t of ment case y of was rom ake nts, on ated 019, t of sary was hich that and e to

by Hon'ble Su Department vid the retired offi deposited by the and he was gran Accountant Gen Even after facin to the petitione payment from th

38.

In v Civil Services R interest @9% on

39.

In impugned letter

40.

Pen

(SURESHWAR

JUDGE

September 23, 2 tripti

upreme Court vide judgment de letter dated 25.07.2022 stated cer before the time, without r e respondents itself in his accoun nted 'No Due Certificate' that t neral Office with respect to the c ng so much of litigation till date r and the respondents are askin he petitioner which order itself is view of the above discussion an Rules, VOL.II, respondent Nos n the delayed payment of pensio view of the above, the presen dated 01.03.2024 is set aside an nding application(s), if any, also R THAKUR)

(S E

2024

-24 t dated 07.05.2019, the Fina d that the pension was received realisation of the fact that it w nt, which was returned back by h too because of the formality of change of category of the petition pensionary benefits are not gran ng for the interest on the delay s bad in the eyes of law. nd in view of Rule 9.13 of Pun s. 1 and 2 are directed to pay nary benefits to the petitioner. nt writ petition is allowed and nd quashed. stand disposed of. SUDEEPTI SHARMA) JUDGE Speaking

4-nce d by was him ner. nted yed