STATE OF HARYANA Vs. JOGINDER PAL

JUDGEMENT

(1.) This is defendants, second appeal. In brief, the facts are that the plaintiff (respondent herein) joined as Deputy Superintendent of Police (Wireless), Haryana on 28.2.1974 and was promoted as Superintendent of Police (Wireless) on 25.7.79 in the pay scale of Rs.740 - 1300 plus a special pay of Rs.100/- per month. In the year 1980 when the pay scales of Haryana Government employees were revised, the pay of the respondent was not revised. Respondent applied for grant of senior scale of I.P.S. Officers on 2.11.1980 as per the policy of the Haryana Government. Vide letter No.48/2/81 - HG dated 23.7.1981 from the Financial Commissioner and Secretary to Govt., Haryana, Home Department, to the Inspector General of Police, Haryana, Chandigarh, respondent was given senior scale of I.P.S. Officers with effect from 25.7.1979. Respondent, thereafter started drawing pay in the scale of Rs.1200 - 50 - 1700 plus other allowances as admissible to other officers similarly situated and the Senior I.P.S. Officers. Respondent retired as Superintendent of Police (Wireless) with effect from 31.7.1985. His pension worked out to Rs.959/- per month and gratuity Rs.31,647/-. This amount was calculated by the Accounts Officer of the office of the Accountant General, Haryana and communicated to the Secretary to Govt, of Haryana, Home Department. According to the averments made in the plaint, defendants (appellants here in) with mala fide intention in order to harass the respondent, started paying ad-hoc pension of Rs.778/- with effect from 10.3.1986. The respondent received this amount under protest. Appellants did not pay gratuity despite repeated applications and verbal requests made by the respondent. A sum of Rs.29,587.95 paise was sought to be recovered from the respondent as total gratuity was adjusted against this recovery as communicated to the respondent by the Financial Commissioner and Secretary to Government, Haryana, Home Department, to the Accountant General Haryana, vide Memo No.27/56/84 - IHGI. In order to challenge this Memo, Respondent filed suit for declaration to the effect that Memo No.27/56/84 - IHGI from the Commissioner and Secretary to Government, Haryana, Home Department is null and void, without jurisdiction and contrary to service rules and the respondent is entitled to receive his gratuity of Rs.31,647/- and pensions of Rs.959/- per month. Relief of mandatory injunction was also sought for directing the appellants to pay full gratuity and pension of Rs.959/- per month to the respondent.

(2.) Appellants in their written statement, denied the claim put in by the respondent. Appellants also denied that the respondent was ever equated with the LPS. Officers. Appellants further stated that the respondent while submitting the pension papers, intentionally kept the fact of excess drawal and had not disclosed the same at any stage. The pension was calculated on the basis of false bill. The fact of excess drawal had come to light only when a complaint was received and on verifying the contents of the complaint, appellants detected the excess drawal to the tune of Rs.363/- per month from 25.7.1979 to 31.7.1985 i.e. the date of his .retirement. Appellants, after satisfying themselves, calculated the pension at Rs.778/- per month on the basis of correct pay as was admissible to the respondent. Trial Court, on the basis of the pleadings of the parties, framed the following is- sues:-

(3.) Learned counsel for the appellants contended that the Courts below have committed grave error in not taking into consideration that the respondent was working as Superintendent (Wireless) and he was never appointed to the LPS. According to Mr. Goripuria, AAG, Haryana, respondent was not entitled to senior scale of LPS. Officers plus other allowances as were admissible to officers similarly situated in the senior scale of LPS. Service.