DR. DARSHAN SINGH BEDI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Dr. Darshan Singh Bedi, a retired member of the P.C.M.S.-1, has invoked the writ jurisdiction of this Court for the issuance of a writ of Mandamus directing the Secretary to Government, Punjab, Health and family Welfare, and the Director, Health and Family Welfare, Punjab, to release the payment of pension and gratuity and to finalise the commutation of pension to which the petitioner is entitled under the rules, and for the grant of other consequential benefits admissible to the petitioner on the basis of retirement from service with effect from 31st Oct., 1937, on attaining the age of superannuation.

(2.) The petitioner joined service as a member of the P.C.M.S.-II in 1966 and was promoted to Class I of the service in March, 1982. He retired on Superannuation on attaining the age of 58 years with affect from 31st Oct., 1987. When the petitioner did not receive his pension, gratuity and other arrears of increments, etc., along with benefits of commutation of pension, leave encashment, etc., even after waiting for a year, he approached this Court in Jan., 1989, for the redressal of his grievances.

(3.) In reply to the writ petition, the respondents have pleaded that as the petitioner was himself head of the office, being Senior Medical Officer, it was for him to complete the pension papers and submit to the State Government in time, in accordance with the provisions of Rule 9.4 of the Punjab Civil Services Rules, Volume II, and other instructions issued by the State Government from time to time. Not only that, he, even submitted blank and incomplete papers without 'No Due Certificate' and the 'Last Pay Certificate'. This resulted in withholding of pensionary benefits to the petitioner. It is further pleaded that there was another reason for not releasing the payment of dues to the petitioner in time as the service rendered by him had not been regularised by the Punjab Public Service Commission. So far as the commutation of pension is concerned, the plea has been takers by the State that the petitioner has not applied for the same so far and a Sum of Rs. 4,675.40 has been withheld on account of pension and leave salary contribution by the Local Body, with which the petitioner remained on deputation for some periods during the years 1972 to 1972. Still it has been stated that necessary pension payment order has been issued by the Accountant-General, Punjab.