Daya Ram vs State Of H.P And Others

Mohammad Rafiq, J

This petition has been filed by Daya Ram, who retired from services of the respondents on 30.01.2018 as Revenue Chowkidar.

According to the petitioner, he was initially engaged in the year 1988 on part time basis and his services were brought on daily wage establishment in February, 2004. Thereafter, on completion of 8 years’ service, his services were regularized on 01.01.2012. The petitioner, on attaining the age of superannuation, retired from service on 30.01.2018 without any payment of gratuity and other pensionary benefits on the ground that he was a member of the New Pension Scheme introduced by the Government on 15th May, 2003. The matter with regard to the fact whether the employees covered under the New Pension Scheme were entitled to gratuity or not, was pending consideration with the Government and ultimately in the year 2021, the Government allowed gratuity to the employees covered under the New Pension Scheme. Reliance is placed on Office Memorandum dated 8th January, 2021 (Annexure P-3). The case of the petitioner is that a large number of other similarly situated employees have been paid gratuity in view of the aforesaid Office Memorandum.

The respondents have filed reply to the writ petition. It is contended that after retirement of the petitioner, his service book was sent to respondent No. 4-Sub Divisional Magistrate, Rajgarh by the Tehsildar, Pachhad for payment of leave encashment. Respondent No.4 vide office order dated 11.07.2018, sanctioned the leave encashment amounting to Rs.70,935, which was deposited in his bank account in State Bank Branch, Wasni. Further, NPS contribution of the petitioner plus Govt. contribution with interest total amounting to Rs. 1,20,159/- has already been credited by the Treasury on 24.08.2018 in his bank account. It is further contended that Sub Division, Pachhad was newly created in the month of August, 2019 and after that, service book of the petitioner was received in the office of the Sub-Divisional Officer (C) Pachhad from the office of Tehsildar, Pachhad. It was discovered that the petitioner was not entitled to pension under CCS (Pension) Rule, 1972. However, pursuant to Office Memorandum dated 18.09.2017, issued by the Finance Department, after pay fixation of the petitioner as per Revised Pay Rule, 2022, his case to grant the benefit of Death Gratuity and Retirement Gratuity (DCRG) has been sent to the office of the Accountant General, Shimla, H.P. by Sub-Divisional Officer (C), Pachhad vide letter dated 24.03.2022.

Having regard to the submissions made afore-mentioned and taking note of the fact that all other benefits except gratuity have already been paid to the petitioner and the case of the petitioner for grant of gratuity has been referred to the Accountant General, Shimla, H.P. vide letter dated 24th March, 2022, we dispose of this writ petition, requiring the petitioner to approach the Accountant General, Shimla, H.P., by means of an appropriate representation. On making such representation by the petitioner, the Accountant General, Shimla, H.P, shall take final view on the grievances of the petitioner within a period of six weeks from the date of submission of the representation before him.

Pending application(s), if any, also stands disposed of.