SUBHASH CHANDER GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed by the petitioner challenging the action of the respondents in deducting Rs. 68,966/ - from his CPF account.

(2.) CASE of the petitioner, in brief, is that he retired as Accountant from Nagar Panchayat, Mandi Barriwala on 31.7.2007. 'No due certificate' was issued to the petitioner. Since petitioner was not released his retiral benefits, he filed CWP No. 18917 of 2007. During the pendency of the petition, certain amounts were released to the petitioner and the writ petition was rendered infructuous. Petitioner was informed by respondents No.4 and 5 vide their letter dated 13.9.2001 that Rs. 68,966/ - had been deducted from the amount due to the petitioner on account of interest on the late deposit of CPF amount payable before November 1994. Hence, the present petition. Learned counsel for the petitioner has submitted that the amount in question had been deducted by the respondents without any justification. Hence, respondents be directed to release the amount in question to the petitioner with interest.

(3.) PRELIMINARY objection Nos. 1 and 2 of the written statement, filed by respondents No.4 and 5, read as under: - "1. That all the Retiral benefits has been paid by the answering respondents No. 4 and 5 to the petitioner along with arrears of revised pay scale after deducting of '. 68,966.00 from the account of the petitioner as interest on the amounts of late deposit of amounts with CPF amounts payable before 11.1994 in view of section 3 (ll) the Punjab Municipal Employees pension and general provident funds rules, 1994. The relevant provisions are reproduced here in below for ready reference of this (3)(ll) who were working immediately before the first day of ApriI 1990 on whole time regular basis and 60 for these rules Provided that the employees who were working immediately before the first day of April 1990 and who retired during the period between the first day of April, 1990 and the date of publication of these rules in the Official Gazette, shall have the option to opt for these rules within period of four months from the date of publication of these committee's contribution made towards their contributory Provident fund including interest thereon received by them, together with simple interest on the whole amount at the rate of ten percent per annum from the date of withdrawal to the date of repayment.