DARSHAN SINGH MAINI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MR D.S. Maini, retired Senior Lecturer through present petition filed by him under Article 226 of the Constitution of India seeks writ in the nature of certiorari so as to quash impugned orders Annexure P -4 and P -6 and to issue a writ in the nature of mandamus directing the respondents to abide by its order dated 25th of July, 1969 (Annexure P -1) vide which the sanction of the Governor of Punjab was granted to the payment of retiral benefits to the petitioner with effect from 1st of December, 1968.

(2.) THE facts as projected in the petition reveal that the petitioner was eminent scholar having distinguished himself by obtaining a doctorate and having been appointed as Professor English at Harvard University, USA. He had a long stay of about fifteen years as Head of English Department in Punjabi University, Patiala. He joined Punjab Education Department as Lecturer in English in 1945. After partition of the country, he opted for serving in India. From 1950 to 1962, he was on deputation with National Defence Academy at Pune. It was during 1964 that he successfully cleared in Ph D. degree in English from 1963 he was on deputation with Punjabi University, Patiala. It is further his case that Punjabi University sought to absorb him permanently and confirmed him on the post of Professor and Head of the Department of English. Accordingly, he moved the respondents seeking permission for extension of deputation period upto 30th November, 1968 and further to retire him prematurely with effect from the date he could be given retirement benefits as he would have completed 23 years of service with the education department, Punjab. Accordingly, respondent No. 1 conveyed its approval of extension of deputation period upto 30th November, 1968 as also the sanction of retirement benefits with effect from 1st of December, 1968. Copy of this order has been annexed with the petition as Annexure P -1. It is further the case of the petitioner that his request having been accepted and retirement benefits having been conferred, he was accordingly absorbed on payment basis by the Punjabi University and the retirement benefits accrued with prior sanction of the department of finance, Government of Punjab, were paid. He started drawing his pension at the rate of Rs. 243/ - per month which was independent of the salary that he would earn from the Punjabi University, Patiala, as Professor and Head of the Department. This position was confirmed also by an order of the Governor of Punjab dated 3rd of October, 1973, wherein it was categorically mentioned that sanction of pensionary benefits had been granted to the petitioner by the Governor of Punjab with effect from the date on which he was permanently absorbed in Punjabi University, Patiala i.e. with effect from 1st of December, 1968. It is further the case of the petitioner that order Annexure P -2 which was passed by Governor of Punjab was based on letter of Punjab Government dated 30th of June, 1973, vide which certain amendments to the Government of Punjab, department of finance, letter dated 11th of August, 1967 had been made. According to the aforesaid letter which has substantially amended the rules with regard to grant of pensionary benefits to the employees getting absorbed in government undertakings or corporations, it has been clarified that they would either be entitled to pension, gratuity etc. from the earliest date from which he could have, voluntarily retired under the rules or from the date of absorption in the undertaking/corporation. On 7th of November, 1973, another order was passed by the respondent whereby previous order, Annexure P -2, was cancelled. It is the case of the petitioner that the order has been purported to be made on the basis that the petitioner did not have qualifying service of 25/30 years to his credit before 1st of December, 1968 and consequently he was not entitled to pension from that date. However, subsequently another order was issued in which it was specified that the petitioner would be entitled to pension with effect from 1st of December, 1970, the date on which the petitioner would have completed 25 years of service under the Government of Punjab - Yet once again respondent No. 2 issued another order on 2nd of January, 1978, directing Treasury Officer to stop the payment of pension of the petitioner on the ground that he would be entitled to pension only with effect from 8th of January, 1974, Thereafter, the petitioner made several representations, mention whereof has been made in para 10 of the petition but it is on May 15, 1986 that he was informed that his representations have been rejected. On the facts, as stated above, it is the case of the petitioner that orders Annexure P -4, P -5 and P -6 directing the Treasury Officer 10 stop payment of pension to the petitioner and to deduct the payment of pension made from 1st of December, 1970 to 7th of January, 1974 is contrary to the rules of Punjab Civil Services Rules and the instructions issued by respondent No. 1 from time to time.

(3.) CONCEDEDLY , the petitioner joined the Punjab Education department as Lecturer in English on 1st of December, 1945. He remained on deputation with National Defence Academy from 1950 to 1962. In other words, he continued working as a Lecturer in English with Punjab Education departments from 1st of December, 1945 upto 1950 when he was sent on deputation with National Defence Academy. After being relieved from the National Defence Academy, again, it is conceded position that the petitioner was sent on deputation to Punjabi University, Patiala in 1963. It is in November, 1968 that the petitioner sought permission to be permanently absorbed in Punjabi University but while making such a prayer he clearly stated that he be given his retiral dues On his representation aforesaid, order Annexure P -1 dated 25th of July, 1969 came to be passed wherein it is mentioned that sanction of the Governor of Punjab is accorded to the extension of deputation period of Shri D.S. Maini, Senior Lecturer, Punjab Education Department with the Punjabi University, Patiala from 8.8.1968 to 30.11.1968 as per the terms and conditions laid down in Punjab Government memo dated 6.6.1968. Para 3 of the order reads thus : -