SANJAY SHARMA Vs. GOVERNMENT OF PUNJAB

JUDGEMENT

(1.) The petitioner, who was working at the respondent organisation as a General Manager, has approached this Court seeking quashing of the order dtd. 27/3/2018 passed by the respondent no.1 vide which it has refused to issue a 'No Objection Certificate' (NOC) in favour of the petitioner so as to enable him to get his full pension after his superannuation on 31/10/2017. The petitioner also seeks to assail the order dtd. 27/6/2018 passed by the respondent no.1 vide which it has refused to release the leave encashment and gratuity payable to him.

(2.) Ms.Avnish Ahlawat, learned counsel for the petitioner, submits that the petitioner who had joined the service of the respondent in 1984 and was due to superannuate on 31/10/2015, was based on his excellent work, granted two year's extension, and finally superannuated on 31/10/2017 as the General Manager, Punjab Bhawan, New Delhi. However, despite his repeated requests, he has been granted only part of his GPF amount, and has been sanctioned 75% pension. He has also been denied the benefit of computation of 40% pension, which is available to all superannuated employees. She submits that the only reason on which the petitioner has been denied his terminal benefits and full pension, is that, in a Special Audit conducted for the Punjab Bhawan, for the period between 2002-2003 and 2003-2004, some irregularities were pointed out.

(3.) By placing reliance on Rule 2.2(b) of the Punjab Civil Service Rules, she submits that the petitioner having superannuated more than five years ago, no departmental proceeding can be initiated against him at this belated stage. She, therefore, contends that in the light of the admitted position, that till date, neither any departmental proceedings nor any criminal proceedings have been initiated against the petitioner, he is entitled to forthwith receive all his terminal benefits and full pension.