Punjab-Haryana High Court
Mastan Singh Son Of Shri Sundar Singh vs The Punjab State Electricity Board on 1 February, 2012
Author: K. Kannan
Bench: K. Kannan
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No.9873 of 2010 (O&M)
Date of decision: 01.02.2012
Mastan Singh son of Shri Sundar Singh, aged about 98 years,
resident of Village and Post Office Mote Majra, Tehsil and District
SAS Nagar, Mohali.
....Petitioner
versus
The Punjab State Electricity Board, through its Secretary at Patiala,
now Punjab State Power Corporation Limited, Patiala, through its
Managing Director, and others.
....Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
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Present: Mr. S.S. Kamboj, Advocate, for the petitioner.
Mr. P.S. Mattewal, Advocate, for the respondents.
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1. Whether reporters of local papers may be allowed to see the
judgment ? No.
2. To be referred to the reporters or not ? No.
3. Whether the judgment should be reported in the digest ? No.
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K.Kannan, J. (Oral)
1. The writ petition seeks for a direction for payment of retiral benefits to the father of the deceased employee. During the pendency of the writ petition, the Punjab Electricity Board is reported to have made some payments, but the petitioner has still a grievance that full amounts have not been paid and even for the delay in making the payment, the interest has not been calculated. Civil Writ Petition No.9873 of 2010 (O&M) -2-
2. In the matter of payment of family pension payable to a dependent father, the petitioner's contention is that the deceased was drawing a salary of Rs.3,260/- and as per the rules of family pension payable as per the Punjab Civil Services (Revised Pay) Rules of 1998, 60% of the pay upto Rs.4,500 was payable. According to him, the said amount will therefore be Rs.1,956/- but in the manner of reckoning the pension amount of Rs.8,85,786, the calculation has been made on the basis of Rs.1,310/- as the monthly pension payable. The counsel would contend that the balance of amount of Rs.646/- per month is still payable as arrears of pension. The respondent is unable to counter the petitioner's claim. I would, therefore, hold that the respondents shall make the payment calculated on the basis that the petitioner was entitled to 60% of his pay as the family pension per month and the same shall be released to him within a period of 8 weeks. I also accept the contention of the petitioner that towards the arrears of family pension due, he shall also be entitled to interest at 9% from the date when it fell due till the date of payment. Even the admitted portion was paid after a long delay during the pendency proceedings and to the said amount also, interest at 6% is payable from the date when it became due till the date when it was actually released. The interest component shall be released within a period of 8 weeks.
3. Even apart from the pension, the petitioner claims also a gratuity and according to him, the amount has not been properly Civil Writ Petition No.9873 of 2010 (O&M) -3- calculated. The relevant Punjab Civil Services Rules allows for payment of gratuity stipulating that for a qualifying service above 12 years, it shall be half of the emoluments for each completed 6 monthly period of qualifying service, subject to a maximum of 33 times the emoluments and the ceiling of Rs.3.50 lakhs. If the salary last drawn shall be taken as Rs.3,260/- for 14 years of service, the amount payable shall be Rs.45,640/- as per the formula referred to above. The balance shall be paid with interest at 9% within a period of 8 weeks from today. Apart from the gratuity, an ex gratia payment of Rs.50,000/- is said to be payable as per Rule 2.7 of the Punjab Civil Services Rules. The same shall also be paid with interest at 9% within the aforesaid period.
4. The writ petition is disposed off as above.
(K. KANNAN) JUDGE 01.02.2012 sanjeev