SHASHI BAWA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner applied for voluntary retirement after clocking 35 years of service in the respondent department. The request was accepted by the Government and an order was passed on May 16, 2013 retiring the petitioner from service unconditionally with effect from June 30, 2013.

(2.) Mr.Nagpal states from the record and on instructions from Surinder Mohan, Employment Officer, Directorate, Chandigarh present in court that the petitioner applied for casual leave from June 17, 2013 to June 27, 2013 which was granted by the competent authority. Therefore, the only date on which the case of the petitioner has not been scuttled is her absence on June 28, 2013. This is hardly fair or reasonable. The action of the respondents appears more a measure of harassment than one of piously defending rules. The petitioner had sent her leave application for the fateful day which could have been accepted measuring 35 years of service against one solitary day. This inaction on the part of the competent authority appears to be mostly the handiwork of a callous and incompetent authority which is clearly unsustainable in the eye of law and the absence for one day could have been ignored or cured ex post facto. This situation has led to denial of regular pension and gratuity to the petitioner so far and has compelled her to knock the doors of this Court.

(3.) On due consideration of the matter, this Court is of the opinion that the stand of the respondents is wholly untenable and therefore this petition deserves to be allowed. It is ordered, accordingly. The impugned inaction of the respondent is deprecated. The wrong has to be amended. The absence of June 28, 2013 is directed to be regularized. The amounts of arrears of full pension and gratuity are directed to be released to the petitioner within 2 months from the date of receipt of a certified copy of this order. The amounts of arrears of pension and pensionary dues and gratuity will earn interest @ 12% per annum by way of allowance accruing from three months from the date of voluntary retirement, failing which, the amounts will earn interest @ 18% penal to ensure timely compliance.