N.R. Garg vs State of Punjab

R.L. Anand, J.—N.R. Garg, Superintending Engineer (Retired), Punjab PWD (B & R), Department has filed the present writ petition under Article 226 of the Constitution of India for issuance of writ in the nature of mandamus directing the respondents to release him the pensionary benefits as also the commuted value of the pension, leave encashment, etc. on account of his superannuation which took place on 30.11.1998,

The case set up by the petitioner is that he was inducted into service in 1963 as Sub Divisional Engineer in the PWD (B & R) Branch. He was promoted as Executive Engineer in 1971. He was again promoted as Superintending Engineer in 1985 and on 12.10.1998, he was given the current duty charge of the post of Chief Engineer (Buildings) and this charge he enjoyed up to 30.11.1998. The petitioner retired from service on 30.11.1998. He submitted his pension papers on 30.7.1998. These papers were sent to the Secretary, PWD (B & R) for verification of pension, gratuity and commuted value of pension on 11.11.1998. On 15.1.1999, the Accountant General returned the papers to the Chief Engineer with certain observations. The petitioner sent a telegram on 18.2.1999 for the grant of pension, which is being withheld by the respondents in an illegal manner.

Notice of the writ petition was given to the respondents, who filed the written statement and denied yhe allegations.

As per the respondents, it was incumbent upon the department to ensure ''No Demand/Due Certificate'' from all the officers as well as the Vigilance Department. As such, on receipt of such N.O.C.. the pension case of the petitioner was sent to the Accountant General, Punjab. One inquiry/complaint was pending/under process against the petitioner before his retirement. After consideration, the petitioner has been charge-sheeted by the competent authority vide letter dated 4.5.1999 for awarding major punishment under rule 8 of the Punishment and Appeal Rules, 1970. In accordance with the provisions of Rule 2.2.(c) of the Rules, 100% provisional pension of Rs. 9,875/- per month has been allowed to the petitioner on 7.4.1999. The gratuity and commutation has been withheld due to pending charge-sheet involving the loss of Rs. 28.70 lacs to the Govt. and it cannot be allowed till the decision of the pending proceedings.

I have heard the counsel for the parties and with their assistance have gone through the record of this case.

There is no dispute that the petitioner was allowed to retire on 30.11.1998. On that day, the petitioner was not under any cloud of departmental action. No charge-sheet was issued to him. Under these circumstances, the employee can always think that there is nothing against him and he can go to his home peacefully after service. Counsel for the respondents submitted that the charge-sheet was issued on 4.5.1999. This is subsequent to the retirement of the petitioner. In these circumstances, it has to be held that on the date of retirement of the petitioner, he was not under cloud nor he was under the threat of any departmental action.

Counsel for the petitioner relies upon L.K. Dhawan v. The State of Haryana 1995(8) SLR 3 : 1996(3) SCT (P&H), wherein it was held that if no inquiry is pending on the date of retirement of the employee, such employee cannot be deprived of his retiral benefits. This can be a reason only if some penal proceedings or departmental inquiry is pending.

I do not want to dispute this proposition that the department cannot initiate action after the retirement of the petitioner but the action of the respondents in withholding the pensionary benefits will be without jurisdiction.

Resultantly, the writ petition is allowed and directions are given to the respondents to release the pensionary benefits and also the commuted value of pension and the benefit of leave encashment, death-cum-retirement gratuity, etc. to the petitioner within three months. Of course, it will always be open to the respondent to realise the loss from the petitioner, if it is so found due from the petitioner to the department as per law.

No costs.

Petition allowed.