SHRI KIDAR NATH Vs. PUNJAB GOVERNMENT AND ANR.

JUDGEMENT

(1.) THE facts which have led to the institution of the present petition under Articles 226 and 227 of the Constitution have been fully set out in the reference order and may again be recapitulated.

(2.) THE Petitioner joined the Lahore High Court as Senior Clerk on 24th November, 1930, and retired as a Senior Translator of this Court on 14th August, 1956. The period of service of the Petitioner may be split up under three heads i.e. 24th November, 1930 to nth August, 1940, 12th August 1940 to 20th June, 1942 and 21st June, 1942 to 13th August, 1956. For the first period which came to 9 years, 8 months and 19 days he was officiating in leave and other short term vacancies with frequent interruptions as unpaid candidate etc.

(3.) IN November, 1959, the Accountant General, Punjab, addressed a letter to the Secretary, Finance Department, Punjab Government, that the grant of the pension at the rate of Rs. 47.64 nP. and of the gratuity as above to the Petitioner was not correct as he, was not entitled to the benefit of half of the temporary/officiating service which was interrupted by breaks as unpaid candidate. His pension case was purported to be revised and a revised certificate and report dated 3rd November, 1959, was issued according to which he was to be entitled to a pension or Rs. 39.69 nP. per mensem and gratuity of Rs. 1,552.50 nP. The excess amount paid was to be recovered back from the Petitioner, Thereupon this Court issued a sanction, at the revised rata and the Accountant General, Punjab, authorised the Treasury Officer, Chandigarh, to pay pension and gratuity at the revised rate.