STATE OF PUNJAB Vs. NARANJAN SINGH

JUDGEMENT

(1.) Vide order dated 28.9.98, Civil Judge (Senior.Division), Patiala ordered the computation of pension and other retiral benefits to respondent Niranjan Singh after allowing him proficiency steps up after 8/18 years of service, State of Punjab has assailed this order through this Revision.

(2.) Facts : Niranjan Singh respondent filed Suit for declaration against the State of Punjab to the effect that the action of the latter not granting him pension, gratuity and leave encashment, general provident fund, commuted value of pension and other benefits on his retirement w.e.f. 31.1.91 was illegal, null and void and notwithstanding the said illegal action he was entitled to the grant of pension, gratuity, leave encashment, general provident fund, commuted value of pension and other banefits accruing upon his retirement along with interest @ 18% per annum. His Suit was decreed by Senior Subordinate Judge, Patiala on 23.11.95 whereby he was held entitled to retiral benefits as per the salary statement Ex.P4 fixed under foot note 4 of Rule 4.14 of CSR Vol - I. He was also allowed interest @ 15% per annum on the retiral benefits due, from the date the amount became due till the date of payment. Till the passing of the decree by the court, JD-State had to paid anything to the decree holder. Decree holder prayed for the implementation of the judgment and decree dated 23.11.95.

(3.) Niranjan Singh was Junior Engineer. He was promoted as Sub Divisional Engineer vide Punjab Govt. order No. 2436-BRI (2)-77/11710 dated 25.3.1977 on ad-hoc basis. He joined as Sub Divisional Engineer on 4.4.77. His pay was to be fixed keeping in view the provisions of PSE Class II Rules 1967 and not on the basis of his substantive pay as Junior Engineer. After promotion as Sub Divisional Engineer on ad-hoc basis with effect from 4.4.77 only two increments were released. The third increment was to be given only after passing Departmental Professional Examination as per Rule 15 of PSE class.11 Rules 1967. Till 31.1.91, Niranjan Singh failed to pass the Departmental Professional Examination. He was, therefore, not entitled to the annual grade increments after 1.5.79. As per the State of Punjab, his pay was fixed by the Punjab Water Supply and Sewerage Board, Division Patiala in violation of PSE Class II Rules 1967 which was later on rectified and after rectification, pension, was settled to be given to him. Amount of Rs. 73, 653. 40P was recoverable .from him on account of excess payment Rs. 65, 404, 50P on account of death-cum-retirement gratuity and leave encashment was withheld on this score. A sum of Rs. 39,864/- was paid to him as leave encashment of 8 months period. A sum of Rs. 1,17,419/- was paid to him as interest on leave encashment, gratuity and pension. Thus a total sum of Rs. 2,11,733/- was paid to him. As per the State of Punjab, nothing remained payable to him. Niranjan Singh decree holder laid claim to the increments by way of proficiency steps up. His case was that pension and other retiral benefits should have been determined after addition of increments by way of proficiency steps up to him which accrued after 8/18 years service respectively. He put an execution where through he prayed for the implementations of the decree dated 23.11.95 passed in his favour by Senior Sub Judge, Patiala allowing him retiral benefits as per the salary statement Ex. P4 fixed under foot note 4 of Rule 4.14 of CSR Vol. 1 and interest @ 15% per annum on the retiral benefits due from the date the amount became due till the date of payment. Following issue was framed : Whether the decree holder is entitled to the grant of proficiency steps up by way of present execution O.P.D.H.