Punjab-Haryana High Court
L.C. Makkar vs Uttar Haryana Bijli Vitran Nigam ... on 19 February, 2013
Bench: A.K. Sikri, Rakesh Kumar Jain
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Letters Patent Appeal No.1666 of 2012 (O&M)
DATE OF DECISION: February 19, 2013
L.C. Makkar
.....Appellant
versus
Uttar Haryana Bijli Vitran Nigam Limited and another
.....Respondents
CORAM:- HON'BLE MR.JUSTICE A.K. SIKRI, CHIEF JUSTICE
HON'BLE MR. JUSTICE RAKESH KUMAR JAIN, JUDGE
Present: Mr.Anil Mohta, Advocate for the appellant
Mr.P.S. Poonia, Advocate for the respondents
..
A.K. SIKRI, C.J.: (Oral)
1. The appellant herein was appointed as Line Superintendent on 2.4.1966 and retired on 31.1.2000 after attaining the age of superannuation. His submission, however, was that he was not allowed the time-scale after 5/12 years of service by counting ad hoc service of certain offices whereas, his juniors were allowed the said time-scale. He further submitted that since he was not allowed the time-scale, the retiral benefits viz. gratuity was paid on the basis of pay drawn by him. Likewise, pension was also fixed in the same manner. In these circumstances, he filed writ petition seeking mandamus to release him the time-scale after completion of 5/12 years of service. He further sought a direction to the effect that his gratuity, pension and other pensionary benefits should also be released on the basis of said time- scale, taking into consideration the pay which he would have drawn had he been allowed the time-scale.
LPA-1666-2012 -2-
2. Learned single Judge has disposed of the writ petition vide order dated May 30, 2012 directing the respondents to consider the case of the petitioner for computation of revised pension. The appellant has filed the present appeal. His submission is that direction could not have been confined only to pension and pensionary benefits, but he should have been allowed the arrears of time-scale and other benefits like gratuity also are to be computed after grant of time-scale.
3. Learned counsel for the respondents has produced copy of the office order dated 31.12.2012 passed by the respondents after the directions given by the learned single Judge, as mentioned above. This order reflects that the appellant has been granted regular pay scale of AE with effect from 9.3.1988 vide order dated 22.2.1991 and he completed 12 years of regular satisfactory service on 8.3.2000. Thus, he would be entitled to time-scale after 5/12 years regular satisfactory service along with all consequential benefits. This order further states that in view of the above facts, Shri L.C. Makkar, AE (Retd.) is entitled for 12 years time-scale with effect from 8.3.2000 on completion of 12 years regular satisfactory service along with all consequential benefits.
4. It is clear from the above that the appellant has been granted the time-scale with effect from 8.3.2000. The office order also shows that the appellant will be given all consequential benefits. It is, thus, clear that the appellant shall not only be given arrears of time- scale with effect from 8.3.2000, on that basis, his basic pay which he would draw as on the date of retirement shall be taken into consideration for computing gratuity, pension and other pensionary benefits. The arrears on account of gratuity and pension/pensionary benefits shall also LPA-1666-2012 -3- be released within one month from today. The appellant shall also be paid interest @ 9% per annum on the arrears of pension/pensionary benefits as well as gratuity.
5. Appeal disposed of in the above terms.
( A.K. SIKRI )
CHIEF JUSTICE
February 19, 2013 (RAKESH KUMAR JAIN)
pc JUDGE