KRISHAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner seeks the relief of quashing of the reply of the respondent-Department dated 17.07.2012 (Annexure P3), whereby the petitioner has been denied the payment of GPF, GIS and arrears of revised payscale, as due, as per the recommendations of the 6th Pay Commission. Further relief in the nature of mandamus is also sought, directing the respondents to release the service benefits, as denied, on account of enhanced pay-scale.

(2.) It is the case of the petitioner that he had been serving as a Draftsman with the respondent-Department since 24.04.1971 and was due to retire on 30.09.2011. The petitioner was involved in FIR No.275 dated 29.06.2003 under Section 304-B IPC, along with his family members including his unmarried daughter. He was convicted for 10 years by the Trial Court at Ludhiana on 20.10.2010. The appeal was filed before this Court, which has been admitted and this Court has suspended the sentence of the petitioner. Due to his conviction, he was dismissed from service on 24.01.2011 and has not been given any of his service benefits. The petitioner made a representation for his service benefits but those have been denied on account of the conviction order. Resultantly, the said deprivation of the retiral benefits has been challenged.

(3.) While issuing notice of motion, this Court, on 08.01.2013, had restricted the relief to the extent of the entitlement of the petitioner to the General Provident Fund (GPF) amount as the same was not dependent upon the outcome of the fate of the service.