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12. These were provided by two set of rules framed by the State Government in the year 1961. The Uttar Pradesh Retirement Benefit Rules, 1961 and Uttar Pradesh Liberalised Pension Rules 1961. Rule 3(f) of the Uttar Pradesh Liberalised Pension Rules 1961 was framed in exercise of powers conferred by Proviso to Article 309 of the Constitution by the Governor of Uttar Pradesh which came into force on 1.4.1961. Rule 3(f) defines Officer' as a government servant, whether belonging to superior or inferior service, who holds a lien on a permanent pensionable post under the Government or would have held a lien on such a post had his lien not been suspended. The word 'Qualifying Service' under Rule 3(h) means service which qualifies for pension in accordance with the provisions of the Civil Service Regulations, Rule 2 lays down that these rules shall apply to all officers under the rule making control of the Governor who become eligible for pension after the promulgation of these rules and to all the serving officers who are eligible for pension. Rule 3 provides that an officer shall, on retirement, be paid gratuity. Rules provides for family pension and Rule 6 provides for pension.

10. (1) Government will have the right to effect recoveries from a gratuity or family pension sanctioned under Parts I and II in the same circumstances as recoveries an be effected from w ordinary pension under Article 351A of the Civil Service Regulations.

14. The other set of Rules is known as the Uttar Pradesh Retirement Benefits Rules, 1961 which has been framed under Proviso to Article 309 of the Constitution of India by the Governor and has come into force with effect from 1.4.1961. These Rules apply to all officers under the rule making power of the Governor other than those who retired before the date of the coming into force of these rules. Rule 3(6) defines the word 'officer' which means a government servant (whether belonging to superior or inferior service) who holds a lien on a permanent pensionable post under the Government or would have held a lien on such a post had his lien not been suspended. Rule 3(8) of the aforesaid Rules defines the word 'qualifying service' which means service which qualifies for pension in accordance with the provisions of Regulation 368 of the Civil Service Regulations. Rule 4 provides the payment of pension. Rule 5 provides for death-cum-retirement gratuity. Rule 7 provides for family pension and Rule 8 provides for commutation of pension. Rule 9 provides for recovery. The relevant Rule 9(1) is extracted below:

9. (1) Government will have the right to effect recoveries from a gratuity or family pension sanctioned under Parts II and III in the same circumstances as recoveries can be effected from an ordinary pension under Article 351A of the Civil Service Regulations.

15. From a combined reading of Regulation 351-A of the Civil Service Regulations with two set of rules, namely the Uttar Pradesh Liberalised Pension Rules 1961 and Uttar Pradesh Retirement Benefits Rules, 1961 it is clear that the pension, gratuity and family pension of a government servant can be with held or curtailed permanently or for a specified period and pecuniary loss caused to the government can be recovered even after retirement. Further such action can be taken for pension under Regulation 351-A of the Civil Service Regulations whereas for gratuity and family pension it can be proceeded with under the U.P. Rules. Another significant feature is that the substantive and procedural law for taking action against the employee is provided by Regulation 351-A of the Civil Service Regulations. The U.P. Rules on the other hand, instead of providing any procedure for taking action for recovery from gratuity and family pension adopted the 'same circumstances' as mentioned in Regulation 351-A of the Civil Service Regulations. The question is what is the effect in law of it. Two questions need consideration. One, whether it resulted in adopting both, the substantive and procedural law as provided in Regulation 351-A of the Civil Service Regulations and second, whether the rules can be stretched to mean that gratuity can be withheld or stopped while exercising powers under Regulation 351-A of the Civil Service Regulations. As mentioned earlier the action for recovery from gratuity can be taken, only, under the U.P. Rules. By adopting the 'same circumstances' as mentioned in Regulation 351-A of the Civil Service Regulations, it shall be understood that gratuity can be stopped or withheld for grave misconduct or recovery can be made for misconduct and negligence. But the rule stops here. It is silent about the procedure for determining grave misconduct or misconduct etc. It may result in rendering the rule unworkable. The intent of the Rule making authority being clear, the rule in our opinion should be read harmoniously to avoid it becoming redundant by construing it to read in the circumstances and the manner provided in Regulation 351-A of the Civil Service Regulations. But by no principle of construction or rule of interpretation the rule can be read as empowering the government to withhold gratuity or effect recovery from it while proceeding under Regulation 351-A of the Civil Service Regulations for withholding or curtailing pension. Consequently, if the gratuity was to be forfeited or withheld, it was necessary for the respondents to issue notice for it in the enquiry and proceed in accordance with law. From the sanction granted by the Governor it is clear that it was for withholding or curtailing pension under Regulation 351-A of the Civil Service Regulations, and the sanction was not for gratuity. Therefore, the order of the Stats Government directing stopping of gratuity cannot be upheld.

21. Therefore, the gratuity being conceptually different cannot be deemed to be included in pension.

22. Regulation 41 of the Civil Service Regulations provides as untie:

41. Pension - Except when the term "Pension" is used contradistinction to gratuity "Pension" includes Gratuity.

23. The expression 'contradistinction' means distinction by contrast or opposite qualities. To distinguish one thing from other, by contrasting. The question is whether pension includes gratuity. Pension is not a bounty of the State. It is the right of a government servant. It provides economic security after superannuation by assured periodical payments till the employee is alive. The right to gratuity is a statutory right, it is paid once after superannuation by the employer. For depriving the government employee of his gratuity, opportunity has to be given, before forfeiting or withholding it as a measure of punishment. Rule 10 of the Uttar Pradesh Liberalised Pension Rules, 1961 and Rule 9 of the Uttar Pradesh Retirement Benefits Rules, 1961 lay down the law for effecting recovery from the government employee from his gratuity. It can be recovered in the same circumstances as recovery is effected from ordinary pension under Regulation 351-A of the Civil Service Regulations. Under these rules the expression gratuity has been used in contradistinction to pension. Therefore, regulation 41 of the Civil Service Regulations is of no help to the respondents. Had gratuity been included in pension then under Rule 10 of the Uttar Pradesh Liberalised Pension Rules, 1961 or Rule 9 of the Uttar Pradesh Retirement Benefits Rules, 1961 there was no necessity of mentioning that recovery could be made from gratuity and family pension. The rule making authority was conscious that under Regulation 351-A of the Civil Service Regulations recovery could be made from pension only, therefore, both the Rules of 1961 provided for recovery from gratuity and family pension. In the circumstances we are of the opinion that gratuity is not part of pennon. Both are conceptually different. In other words, recovery from gratuity and family pension for the loss, suffered by the Government due to negligence or misconduct of the employee can be made by the government provided the procedure as laid down in Regulation 351-A of the Civil Service Regulations is followed with regard to limitation and compliance of principles of natural justice etc. In the instant case no notice or opportunity had been given by the State Government informing the petitioner that as a measure of punishment his gratuity is liable to be withheld or forfeited. In absence of any notice or opportunity the order of the State Government withholding the gratuity of the petitioner is without jurisdiction. The petitioner is entitled to his gratuity.