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Judgment
370 paragraphs · 1,541 wordsHarsimran Singh Sethi, J
The prayer of the petitioner is for release of the pensionary benefits for which the petitioner is entitled for after his retirement from service on 30.04.2013.
The matter is pending in this Court for the last about five years.
Case had come up for hearing on 15.12.2014 on which date, the following order was passed:-
"Learned counsel for the petitioner seeks time to file a replication to the written statement filed by respondent No. 7.
He may do so within 2 weeks.
Adjourned to 02.02.2015.
In the meanwhile, reply shall be filed by the remaining respondents.
It is made clear that in case the petitioner's retiral benefits are being withheld for no legally valid reasons, the same shall be paid along with 7% interest thereon, failing which, Secretary, Municipal Council, Rewari, shall remain personally present in Court on the next date of hearing.
If no legally valid reasons are shown, the retiral benefits can be recovered from the salary of the persons responsible for late payment of such dues."
As the said order was not being complied with, this Court passed an order on 17.01.2019, which is as under:-
"The present writ petition is pending since 2013 and the prayer in the writ petition is to grant the pensionary benefits.
This Court had directed to release the said benefits vide interim order dated 15.12.2014. In the said order, it was mentioned that in case the retiral benefits of the petitioner are withheld without any legally valid reason, the same shall be paid alongwith interest @ 7%, failing which, the Secretary, Municipal Council, Rewari, shall remain present in the Court. The said order has not been complied with so far.
When the case was taken up on 30.08.2018, counsel for respondents No. 8 and 13 sought time to comply with the order dated 15.12.2014, passed by this Court, so as to ensure that the payment is made to the petitioner alongwith interest, as mentioned in the order.
Learned counsel for respondent No. 8 and 13 states that though he has conveyed the order passed by this Court to the respondent(s), but there is no communication which is being received from the respondent(s) about the compliance of the same and no one has contacted him or conveyed the fact as to whether the order dated 15.12.2014 has been complied with or not. He pleads helplessness in this regard.
Faced with this situation, this Court has no option but to summon respondent No. 13 i.e. the Secretary of the Municipal Council, Rewari, to be present in Court to explain for non-compliance of the order dated 15.12.2014 passed by this Court.
Adjourned to 12.02.2019."
Today, a compliance report has been filed by the counsel appearing on behalf of respondent No. 13, wherein, it has been stated that all the benefits for which the petitioner is entitled for, have been released to him including interest on the delayed payments. The averments made in the affidavit are as under:-
"1. That in compliance of the order dated 15.12.2014 passed by this Court, it is submitted that all the pensionary/retirement benefits has been paid to the petitioner including the interest as ordered by this Hon'ble Court. The complete details of the pensionary/retirement benefits of Sh. Gulab Singh are as under:-
Sr.
Description
Cheque No.
Dated
Amount Paid
No.
1
Gratuity(DCRG)
421835
29.01.2015
594000
2
Leave Encashment
421836
29.01.2015
360000
3
LTC Block year 2012-15
444490
13.07.2015
20700
4
Pension Contribution Share
106180
16.06.2015
303677
5
Fixed medical allowance
76411
18.08.2015
13000
6
GPF of MC Hisar
120062
19.05.2016
462952
3rd ACP Arrear w.e.f.
01.05.2017
7
12.09.2008 to 30.04.2013
263788
79805
Difference of Gratuity DCRG
01.05.2017
8
after 3rd ACP
263789
28215
Difference of leave
01.05.2017
9
encashment after 3rd ACP
263790
17100
Interest on LTC & 3rd ACP
28.09.2017
10
Arrear
110647
43591
11
Payment of interest
511199
09.04.2019
245404
12
Payment of LTC 2016-19
511200
09.04.2019
25344
Total
2193788
That the payment of interest totaling Rs.2,45,404/- has been calculated @ 7% as detailed as under:-
Sr.
Description
Amount
Due date
Date of
Rate of
Period
Total
No.
of payment
payment
interest
(Days)
amount
of
interest
1
DCRG
594000
01.05.2013
29.01.2015
7
638
72680
2
Diff. of DCRG
28215
01.05.2013
01.05.2017
7
1461
7906
Leave
01.05.2013
29.01.2015
3
Encashment
360000
7
638
44048
Leave
01.05.2013
01.05.2017
4
Encashment
17100
7
1461
4791
Pension
01.05.2013
22.07.2016
5
communication
401808
7
1020
78600
6
Pension share
18000
01.06.2013
06.07.2015
7
765
2641
7
Pension share
18000
01.07.2013
06.07.2015
7
735
2537
8
Pension share
19000
01.08.2013
06.07.2015
7
704
2565
9
Pension share
19000
01.09.2013
06.07.2015
7
673
2452
10
Pension share
19000
01.10.2013
06.07.2015
7
643
2343
11
Pension share
19000
01.11.2013
06.07.2015
7
612
2230
12
Pension share
19000
01.12.2013
06.07.2015
7
582
2121
13
Pension share
19000
01.01.2014
06.07.2015
7
551
2008
14
Pension share
20000
01.02.2014
06.07.2015
7
520
1995
15
Pension share
20000
01.03.2014
06.07.2015
7
492
1887
16
Pension share
20000
01.04.2014
06.07.2015
7
461
1768
17
Pension share
20000
01.05.2014
06.07.2015
7
431
1653
18
Pension share
20000
01.06.2014
06.07.2015
7
400
1534
19
Pension share
20000
01.07.2014
06.07.2015
7
370
1419
20
Pension share
20700
01.08.2014
06.07.2015
7
339
1346
21
Pension share
20700
01.09.2014
06.07.2015
7
308
1223
22
Pension share
20700
01.10.2014
06.07.2015
7
277
1100
23
Pension share
20700
01.11.2014
06.07.2015
7
247
981
24
Pension share
20700
01.12.2014
06.07.2015
7
217
861
25
Pension share
20700
01.01.2015
06.07.2015
7
186
738
26
Pension share
21300
01.02.2015
06.07.2015
7
155
633
27
Pension share
21300
01.03.2015
06.07.2015
7
127
519
28
Pension share
21300
01.04.2015
06.07.2015
7
96
392
29
Pension share
21300
01.05.2015
06.07.2015
7
66
270
30
Pension share
21300
01.06.2015
06.07.2015
7
35
143
31
Pension share
21300
01.07.2015
06.07.2015
7
5
20
Total
245404
That as detailed above in para 1, Rs. 2,45,404/- on account of interest and Rs. 25,344/- on account of payment of LTC 2016-19 has been paid on 09.04.2019 vide cheque No. 511199 dated 09.04.2019 and 511200 dated 09.04.2019 and the same has been credited in his account.
That admittedly, the petitioner firstly joined in Office of Municipal Council, Rewari on dated 09.12.2011 and remained posted under this office from 09.12.2011 to 14.06.2012 and relieved on dated 14.06.2012 on transfer to M.C. Fatehabad. Further, the petitioner again joined in Office of M.C. Rewari on 15.10.2012 and remained posted from 15.10.2012 to 30.04.2013 i.e. upto date of retirement. It is a fact that the petitioner retired on 30.04.2013 from M.C. Office, Rewari. However, it is also a matter of record that the petitioner did not submit his pension documents well in time. He submitted his pension papers on dated 11.02.2015 after passing a one year 10 months late.
It is further submitted that the pension case of petitioner was sent by this office to the Director, Local Audit Haryana Chandigarh vide this office memo no. 199 dated 11.02.2012. The case was returned to this office with some observation vide Director, Local Audit Haryana Chandigarh letter no. 12832 dated 11.03.2015 and the same was returned to the respective office vide this office memo no. 644 dated 20.03.2015 after attending the observation. The case was further returned to this office from Director, Urban Local bodies, Haryana Panchkula vide his memo no. 23469 dated 05.05.2015. The same has been returned back to respective office vide this office memo no. 1688-89 dated 17.06.2015. The case of the petitioner has been approved by the Director, Urban Local bodies; Haryana Panchkula by allotting him PPO No. 6208 and total amount of Rs. 20,700/- has been fixed as pension and the same has been intimated to the petitioner vide Memo No. DULB/Pension/PA-2/2015 dated 30.06.2015.
That Municipal Council, Rewari has paid a sum of Rs. 2193788 to Sh. Gulab Singh, Chief Sanitary Inspector (Retired) and nothing is pending towards the council. So, the present writ petition may kindly be disposed off as per position explained above."
Copy of the compliance report was given to learned counsel for the petitioner.
After going through the said report, learned counsel for the petitioner, who is duly assisted by the petitioner himself, states that certain benefits of LTC for a particular period has not been extended to the petitioner and further a sum of Rs.1,50,699/- was wrongly deducted from the GPF of the petitioner. Learned counsel for the petitioner states that in respect of the abovesaid two claims, the petitioner will approach the respondents by filing an appropriate representation within a period of 10 days from today and requests that the said representation be decided expeditiously.
Learned counsel for the respondents states that in case any representation is received from the petitioner, the same will be decided by passing appropriate orders and the order so passed will be informed to the petitioner. He states that the appropriate orders will be passed within a period of two months of the receipt of copy of the representation.
Learned counsel for the petitioner states that in view of the above, he does not wish to press the writ petition any further and prays that the same be disposed of as such.
Writ petition stands disposed of as not pressed.