Aridaman Singh Dhillon vs State of Punjab and another

Tejinder Singh Dhindsa, J.—Learned counsel for the petitioner contends that the petitioner while holding the substantive post of Deputy Director under the Department of Rural Development & Panchayats, State of Punjab, had been given the officiating charge of the higher post of Joint Director on 17.3.1994. It is further contended that the petitioner retired on 31.7.1998 while holding the charge of such higher post. The present writ petition has been filed raising a claim that the petitioner was entitled to the pay and emoluments for the period w.e.f. 17.3.1994 till 31.7.1998 for the higher post against which he had discharged duties and responsibilities. Towards such claim counsel would place reliance upon a judgment rendered by the Hon''ble Supreme Court in case of Smt. P. Grover Vs. State of Haryana and Another, The present writ petition is, accordingly, disposed of with a direction to respondent no. 2/competent authority to consider the claim of the petitioner and to take a final decision on the legal notice dated 4.2.2013 (Annexure P-12), strictly in accordance with law and by passing a speaking order, within a period of four months from the date of receipt of a certified copy of this order.

Since the petitioner has approached this Court after a considerable delay, it is clarified that in case the claim of the petitioner is found covered under the judgment of Smt. P. Grover''s case (supra), it shall be open for the respondent-authorities to grant to the petitioner the claimed benefit purely on a notional basis and thereafter to grant the revised pensionary benefits accruing thereupon. It shall also be open for the respondents to confine the benefit of arrears of such revised pensionary benefits to a period of 38 months prior to the date of filing of the instant writ petition. Petition disposed of.