BYASA DEVI Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Sansar Chand (deceased husband of the petitioner) was working as a driver with the Deputy Commissioner, Bathinda. On 23.4.1993, while Sansar Singh (ex-driver) alongwith Inderjit Singh (gunman) accompanying the Deputy Commissioner, Bathinda, who was on official tour, were going to village Kotha Guru, District Bathinda, was got injured in a bomb blast, which occurred near village Puhla. On account of exceptional bravery shown by Sansar Singh (ex-driver) and Inderjit Singh (gunman) of the Deputy Commissioner, Bathinda, the Commissioner, Ferozepur Division, Ferozepur, announced to grant five additional increments to Sansar Singh (driver) and Inderjit Singh (gunman) was promoted to the post of Junior Sub Inspector. Accordingly, vide order dated 26.4.1993 (Annexure-P-1), such five advance increments were given to Sansar Singh (ex-driver). The said order was passed under Rule 4.10 of the Punjab Civil Services Rules, Volume-1, Part-1, by the Deputy Commissioner, Bathinda, in compliance of the order of the Commissioner, Ferozepur Division, Ferozepur. It comes out that later on, the audit party of the office of Auditor General, Punjab, raised some objections in the audit report for the year 2007, saying that the Deputy Commissioner, Bathinda, has no power to grant five advance increments. Accordingly, vide order dated 26.11.2007 (Annexure-P-2), passed after 14 years of the said order of grant of five advance increments, the Financial Commissioner Revenuecum-Principal Secretary, Punjab Government, Revenue Department, withdrew the said five advance increments granted to Sansar Singh (exdriver) and recovery was ordered from him. The salary of Sansar Singh was accordingly re-fixed on 17.12.2007, vide order Annexure-P-3. It also comes out that Sansar Singh immediately made representation (Annexure-P-4) to the Deputy Commissioner, Bathinda, against the said order of re-fixation of his pay. The Deputy Commissioner, Bathinda, also wrote a letter dated 27.12.2007 (Annexure-P-5) to the Financial Commissioner Revenue-cumPrincipal Secretary, Punjab, Revenue Department, Chandigarh. It appears that the matter was decided, vide letter Annexure-P-6, vide which the Finance Department, taking into consideration the death of Sansar Singh, ordered that no recovery of additional payment be made from the family of the deceased employee. It was also observed that since the order of grant of five advance increments was passed by the Deputy Commissioner, Bathinda, without sanction of the competent authority and the recovery was not effected in time, the action be taken against those officials/officers, who are responsible for making additional payments and not effecting the recovery. Vide order dated 29.6.2009 (Annexure-P-7), the provisional pension was sanctioned to the petitioner. The Deputy Commissioner, Bathinda, again wrote a letter dated 31.3.2011 (Annexure-P-8) for regularization of five advance increments granted to Sansar Singh (exdriver). Similar letter dated 5.7.2011 (Annexure-P-9) was also written by the Deputy Commissioner, Bathinda. Vide letter dated 8.9.2011 (AnnexureP-10),the petitioner was informed by the Deputy Secretary, Punjab Government, Revenue Department, that the question regarding recovery of Rs. 2,10,638/- given to the deceased employee in the form of five advance annual increments is under consideration separately and the Deputy Commissioner, Bathinda, was asked to take necessary action for releasing the family pension and other benefits to the widow of the deceased after taking the matter with Accountant General because five advance increments have already been withdrawn. It is stated that thereafter the petitioner had been making representations (Annexures-P-11 to P-13), but no action was taken on the same.

(2.) In the reply, the State has taken the stand that five advance increments were wrongly granted to Sansar Singh (ex-driver), which was objected to by the audit party of the Accountant General, Punjab, and the same was accordingly correctly withdrawn and the pay was re-fixed. The representation dated 17.12.2007 (Annexure-P-4) was declined by the Punjab Government, vide letter No. 14/3/04-RE-II (6)/814, dated 21.1.2008, The said order was not challenged by Sansar Singh during his life time. The orders dated 16.11.2007 and 17.12.2007 (Annexure-P-2 and P-3 respectively) were not challenged by Sansar Singh during his life time. The litigation was filed on 7.3.2014 and is barred by delay and latches.

(3.) I have heard the learned counsels for the parties and have also carefully gone through the file.