MEHNGA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) his is a petition for issue of a direction to the respondents to release the retirement dues admissible to the petitioner and also for payment of interest,

(2.) The petitioner entered the service on 1.6.1955 as Insect Collector in the Department of Health and Family Welfare. He retired with effect from 31.8.1991 while holding the post of Health Inspector-cum-Multi-purpose Supervisor (Male). He has moved this Court due to the fact that the respondents have not paid him pension and his gratuity, G.P.F. and other retiral benefits have been withheld and this has given rise to the present petition.

(3.) From the record of Che case it transpires that about a year and six months before his retirement the petitioner was transferred from Chahal Kalan Subsidiary Health Centre to Rural Hospital, Rangar Nangal. He filed Civil Suit No. 84 of 1990 in the Court of Additional Senior Sub Judge, and also prayed for temporary injunction. His application for injunction was accepted by the trial Court on 2.3.199 and an order of status quo was passed However, after few months the petitioner was not allowed to mark his attendance and was not given duty at Chahal Kalan. During the pendency of the suit the Civil Court passed an order directing payment of salary to the petitioner for the period between February 1990 to May, 1990. It is given out by the learned counsel for the State that the said suit has since been withdrawn by the petitioner. While the suit was still pending in the Court of Additional Senior Sub Judge, Batala, the Government initiated an inquiry against the petitioner vide charge-sheet dated 16.2.1990 and pendency of the departmental inquiry has been made the sole touch-stone for withholding the payment of G.P.F., gratuity, pension etc. The petitioner says that the withholding of pension, gratuity and amount of provident fund is without the authority of law and the action of the Government amounts to clear violation of the legal as well as constitutional rights of the petitioner.