NACHATTAR SINGH Vs. MANVESH SINGH SIDHU

JUDGEMENT

(1.) Petitioner filed the writ petition before this Court in respect of non-payment of retiral benefits. This Court vide order dated 4.3.2009 directed the Respondent to consider the claim of the Petitioner under Assured Career Progression Scheme (in short the 'ACP') on completion of 14 years of service and other service benefits like 50% D.A. etc.

(2.) In terms of the said directions, Respondent has passed an order (Annexure R-I) on 22.6.2009 paying arrears on account of merger of 50% DA in the basic pay and the due payment of gratuity with immediate effect. Annexure R-2 dated 17.11.2009 is the order wherein it was ordered that arrears of proficiency step up are to be paid from 1.11.2007 with immediate effect. Thereafter, different affidavits have been filed on behalf of Respondent but in the affidavit filed on 4.8.2010, it has been explained that ACP of 8-16-24-32 years was applicable from 1.1.1986. The Petitioner was granted proficiency step up/ACP of 8 years on 28.4.1990. The Petitioner was eligible for 16 year ACP benefit w.e.f. 28.4.1998 but on account of his suspension, the Petitioner was granted 16 years ACP benefit vide order dated 29.1.2003. Thereafter, the ACP Scheme of 4-9-14 years came into force, but since the Petitioner was already granted the ACP Scheme of 16 years under the old scheme, therefore he was entitled for one more increment under the new scheme. He has been granted such benefit w.e.f. 1.11.2007.

(3.) In respect of commuted value of pension, it has been pointed out that the basic pension was Rs. 3,413/- per month and Rs. 1,365/- as 40% was to be commuted. The Petitioner was paid the full pension w.e.f. 1.4.2008 to 31.1.2010. The commuted value of pension payable to the Petitioner was Rs. 1,71,334/-and deducting Rs. 30,030/-on account of payment of full pension for certain period, the balance comes to Rs. 1,41,304/-which stands paid.