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Judgment
Sudeepti Sharma, J.
The present writ petition has been filed under Articles 226/227 of the Constitution of India for quashing order dated 15.07.2003, whereby, the recovery is effected from the petitioner and further for directions to respondent to release the amount of gratuity which was withheld by the respondents along with interest @18% per annum on the total amount of Rs.3,50,000 w.e.f. the date of retirement of the petitioner i.e. 30.04.2001.
Learned counsel for the petitioner contends that a sum of Rs.1,23,069/- was wrongly withheld by the respondents. Further that a direction be issued to the respondents to release the same along with interest @18% per annum. He, therefore, prays that the present writ petition be allowed.
Per contra, learned counsel for the respondents argues on the lines of written statement. She therefore, prays that the present writ petition be dismissed.
I have heard learned counsel for the parties and perused the whole file of this case with their able assistance.
It would be apposite to reproduce relevant portion of written statement filed by Sh. Pritam Singh Executive Engineer, Field Mechanical and C.P. Division, RSD – Shahpurkandi on behalf of respondents:-
“4- That contents of this para as alleged are wrong, hence denied, it is submitted that "No due certificate" is mandatory for the releaseof Gratuity as provides Rule 9.10 (2) of Punjab Civil Services Rules, Vol.II. the No due certificate of the Vigilance Department was received on 4/4/2002 from the Govt. vide No. 24/41/2000 IPPI(6) /6936 dated 27/3/2002 (Annexure R-1) and thereafter Gratuity was released to the petitioner.
5- That the compliance of the orders of the Hon'ble Court in Civil Writ Petition No. 5854 of 2003 has been made by issue of speaking orders by the Chief Engineer/Canals, Irrigation Works, Punjab, Chandigarh vide letter No. 3821-23/4Z- II/46/2002 dated 4/8/2003 annexed as Annexure P-4. with the present Civil Writ petition No. 10485 of 2004.
6- The contents of this para as alleged are wrong, hence denied, the amount of Rs. 1,23,069/- was recovered on account of excess salary and leave encashment vide respondent No.6 orders as annexed as Annexure P-2 with the present Civil Writ Petition. It is submitted that the pay of the petitioner was re- fixed w.e.f. 1/1/96, in the higher pay scale of Rs. 14300-18150 vide Chief Engineer/Canals, Irrigation Works, Punjab, Chandigarh letter No. 314/3GS/1835/83 dated 20/12/2003.(R- 6). after withdrawing the wrong benefits of 2 No. bunching increments as the pay already fixed was in order in terms of Punjab C.S.R. (Revised Pay) Rules 1998 and as per rule-4 of Punjab Govt. instructions / guidelines issued vide notification No. 7/84/98-5PPI/4426 dated 17/4/2000 (R-2). The benefit of bunching increments is not admissible to the petitioner in the higher pay scale of Rs. 14300-18150 as per advice of the Punjab Govt. (Finance Department) conveyed vide its D.O.No. 6/1/145/2001-IFPII/637 dated 30/5/2002 (R-3) and further clarification received in this regard through Govt. of Punjab vide memo No. 6/39/01-IPP-1 (6)/13353 dated 27/6/2003 (R-4). It is also submitted to implement the instructions / policy of the Govt., the petitioner was given opportunity by serving Show Cause Notice by the Chief Engineer, Irrigation Works, Punjab, Chandigarh vide letter No. 5363/3-GS/1835/83 dated 2/12/2002 (R-5) before withdrawing the benefit of bunching increments w.e.f. 1/1/96. The petitioner neither replied nor raised any objection within the stipulated period so the pay was re-fixed vide letter dated 20/1/2003 (R-6) as per advice of the Govt. as stated above.
7- The contents of this para as alleged are wrong, hence denied. The action by the respondent in pursuance of Punjab Civil Services Rules (Revised Pay) Rules-1998 of (Rule-7) and Govt. notification No. 7/84/98-5PPI/4426 dated 17/4/2000 (R-2) and Principal Secretary Govt. of Punjab (Finance Department D.O.No. 6/145/2001-IPPI/637 dated 30/5/2002 (P-4), Shri Jagdish Kumar Sharma, M.K.Sareen, B.M.Jain, M.L.Bhola. M.L.Sharma, J.P.Arora and Prem Sarup Chadha has drawn excess pay / pension / leave encashment / D.C.R.G. / Commutation. For making recovery from their pensions and for reducing pension. These cases in process.
8- Admitted to the extent that the orders after re-validation were issued for release of gratuity Rs. 3,50,000/- but mean-while in pursuance of Punjab Govt notification No. 7/84/98-5PPI/4426 dated 17/4/2000 and Principal Secretary, Govt. of Punjab, Department of Finance D.O.No. 6/45/2001- IPPI/637 dated 30/5/2002. (R-3), the pay of the petitioner has re-fixed by the respondent and accordingly a sum of Rs. 1,23,069/- recovered from the petitioner from his D.C.R.G.
9- That the contents of this para as alleged are wrong, hence denied, the action taken by the respondents in pursuance 7/84/98-5PPI/4426 dated 17/4/2000 and Principal Secretary, Govt. of Punjab, Department of Finance D.O.No. 6/45/2001- IPPI/637 dated 30/5/2002. (R-3), applicable to other retirees.
10- That the contents of this para as alleged are wrong, hence denied, the action taken by the respondents in pursuance 7/84/98-5PPI/4426 dated 17/4/2000 and Principal Secretary, Govt. of Punjab, Department of Finance D.O.No. 6/45/2001- IPPI/637 dated 30/5/2002. (R-3), applicable to other retirees.
11- That the contents of this para as alleged are wrong, hence denied, the action taken by the respondents in pursuance 7/84/98-5PPI/4426 dated 17/4/2000 and Principal Secretary, Govt. of Punjab, Department of Finance D.O.No. 6/45/2001- IPPI/637 dated 30/5/2002. which is also applicable on other retirees.
12- That the contents of this para as alleged are wrong, hence denied, the action taken as per rules and in accordance with Punjab Govt. 7/84/98-5PPI/4426 dated 17/4/2000 and Principal Secretary, Govt. of Punjab, Department of Finance D.O.No. 6/45/2001-IPPI/637 dated 30/5/2002.. Moreover, Govt. is not bound to perpetuated a wrong and they are entitled rectify the same.”
A perusal of the above referred to written statement filed by respondent shows that benefit of bunching increments was wrongly granted to the petitioner since it was not admissible to him in the higher pay-scale of Rs.14300-18150/- as per advice of Punjab Government (Finance Department) dated 30.05.2002 as well as clarification of Government of Punjab dated 27.06.2003. Before issuing the impugned order, show cause notice was issued to the petitioner, to which he neither replied nor raised any objections within the stipulated period.
In view of the same, no interference is required in the impugned order dated 15.07.2003.
Accordingly, the present writ petition is hereby, dismissed.
Pending miscellaneous application(s), if any, stand disposed of.