Punjab-Haryana High Court
Rajbir Singh vs State Of Haryana & Ors on 18 January, 2016
Author: Ritu Bahri
Bench: Ritu Bahri
CWP No.9263 of 2015 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No.9263 of 2015
Date of decision: 18.01.2016
Rajbir Singh
....Petitioner
Versus
State of Haryana and others
....Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: Mr. Pankaj Midha, Advocate
for the petitioner.
Mr. Keshav Gupta, AAG, Haryana.
RITU BAHRI J. (Oral)
The petitioner has filed this writ petition seeking direction to the respondents to pay retiral benefits i.e. Death-cum- Retirement Gratuity, Earned Leave, Leave Encashment Benefit, Commuted Pension and TDS along with interest.
The petitioner joined the respondent-department on 17.09.1983 and his services were regularized on 30.09.1988. At the time of retirement, the petitioner was serving as SS Master at Government Senior Secondary School, Turkiawas, Rewari and after attaining the age of superannuation, he was retired on 30.04.2013.
Upon notice in the present petition, written statement MOHD YAKUB 2016.01.23 11:18 I attest to the accuracy and authenticity of this document Chandigarh CWP No.9263 of 2015 2 dated 05.01.2016, on behalf of respondents No.1 to 5 has been filed stating therein that the petitioner was charge-sheeted under Rule 7 of the Haryana Civil Services (Punishment and Appeal) Rules, 1987 vide order dated 11.03.2013. The petitioner gave the reply of the charge-sheet, but the punishing authority was not satisfied with the said reply and they had appointed an Enquiry Officer to enquire the allegations imposed upon the petitioner. The Enquiry Officer conducted the enquiry and submitted the enquiry report on 28.01.2014. Thereafter, the punishing authority vide order dated 25.06.2014 ordered that the charge-sheet served to the petitioner be cancelled. The following retiral benefits have alreay been granted to the petitioner:-
Sr. HEAD AMOUNT (in Rs.) DATED
No.
1 General Provident Fund 729338 21.07.2013
2 Group Insurance Scheme 15922 21.10.2014
3 Leave Encashment (58 days) 91732 01.10.2014
4 Commutation of Pension 529584 21.08.2015
5 Extra-ordinary Leave (180 284668 20.09.2015
days)
6 Death-cum-Retirement 664275 21.08.2015
Gratuity
A perusal of the above table shows that after cancellation of the charge-sheet on 25.06.2014, commutation of pension has been paid on 21.08.2015, extra-ordinary leave (180 days) has been paid on 20.09.2015 and Death-cum-Retirement Gratuity has been paid on 21.08.2015. All the aforesaid payments should have been made within three months after dropping the MOHD YAKUB 2016.01.23 11:18 I attest to the accuracy and authenticity of this document Chandigarh CWP No.9263 of 2015 3 charges against the petitioner which has not been done.
Keeping in view the above facts and circumstances and in view of the judgment "Megh Varan Sharma vs State of U.P. and others", 2015(1) SCT 12, the present petition, at this stage, is disposed of with a direction to respondents to pay the interest @ 9% w.e.f. 01.10.2014 till the date of payment to the petitioner.
(RITU BAHRI) JUDGE 18.01.2016 yakub MOHD YAKUB 2016.01.23 11:18 I attest to the accuracy and authenticity of this document Chandigarh