Mukesh Mathur vs Jodhpur Vidhyut Vitran Nigam Ltd. and Others

Sandeep Mehta, J.—Heard learned counsel for the parties.

The petitioner has approached this Court by way of the instant writ petition assailing the action of the respondents in proposing to effect recovery from the petitioner pursuant to his retirement.

Facts in brief are that the petitioner, who was initially appointed as a L.D.C. in Rajasthan State Electricity Board (RSEB), retired from the services of Jodhpur Vidhyut Vitran Nigam Ltd. (JVVNL), which was formed after the dissolution of RSEB. The petitioner was given promotions from time to time and retired from the post of A.R.O. on 31.7.2012. The pension case of the petitioner was forwarded to the pension department along with the last pay certificate (LPC) as per which the total pay and allowances of the petitioner were verified as Rs. 50,560/- The pension case of the petitioner was returned back by the pension department with letter dated 18.7.2012 raising an objection to the effect that the third A.C.P., which was granted to the petitioner treating him in the grade pay of Rs. 4,800/- as on 4.2.2007, was not admissible and the petitioner''s employer was directed to send a revised LPC treating the petitioner''s grade pay as Rs. 4,200/- on the relevant date with a consequent reduction in the A.C.P.

Upon coming to know of the said order, the petitioner has approached this Court against the action of the respondents in attempting to reduce his retiral benefits and to recover the amount already paid to him from his retiral benefits.

During the pendency of the writ petition, an order Annex. 15 dated 13.1.2014 came to be passed by the respondent JVVNL whereby the original decision to grant the benefits accruing to the petitioner on account of upgradation under the A.C.P. with grade pay of Rs. 4,800/- per month has been restored from the earlier date i.e. 4.2.2007 itself. The order has been placed on record along with the rejoinder.

Learned counsel for the petitioner submits that in view of this subsequent development, the only grievance which survives now in this writ petition is that the respondents should be directed to release all the post retiral dues to the petitioner as per his original LPC forwarded to the pension department and further the respondents also be directed to make payment of interest on the withheld post retiral dues as per Rule 89 of the Rajasthan Civil Services (Pension) Rules, 1996 (hereinafter in short referred to as the Rules of 1996).

Learned counsel appearing for the respondents, though formerly opposed the submissions advanced by the learned counsel for the petitioner but he too is not in a position to dispute the directions given by the pension department vide order dated 18.7.2012 to reduce the grade pay of the petitioner from Rs. 4,800/- to Rs. 4,200/- and the consequent deduction in the A.C.P. stands rescinded by order Annex. 15 dated 13.1.2014 and the original decision has been restored.

Thus, it is evident that the petitioner was entitled to all the retiral benefits as per his original L.P.C. and the action of the pension department to withhold such benefits by issuing letter Annex. 9 dated 18.7.2012 was absolutely unjustified and arbitrary. The said action of the pension department has already been rescinded by the respondents themselves while issuing the order Annex. 15 dated 13.1.2014. In view of these developments, it is evident that there was no justification to withhold the post retiral dues of the petitioner. The retiral benefits of a government employee cannot be withheld without following the procedure provided in Rule 7 of the Pension Rules of 1996 which provides that such benefits can only be withheld after holding an inquiry under the Rajasthan Civil Services (C.C.A.) Rules, 1958. Any action of wrongful withholding of retiral benefits, entitles the employee to claim as of right an interest at the rate of 9% per annum as per Rule 89 of the Pension Rules of 1996.

Resultantly, the writ petition deserves to be and is hereby allowed. It is hereby directed that if the post retiral benefits have not yet been released to the petitioner in pursuance of the order Annex. 15 dated 13.1.2014, they shall be released forthwith. The amount accrued, for the period during which the benefits were withheld, shall carry interest @ 9% as per Rule 89 of the Pension Rules, 1996, from the date of accrual till the date of actual payment.

No order as to cost.