SUNEET VERMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In the instant writ petition, the petitioner has questioned the communication of the Director - respondent No.3 dated 17.9.2013 by which claim of the petitioner for grant of gratuity, ACPIII (after completion of 14 years of service from the date of entry into service), arrears of pay scales & revised pay w.e.f. 1.1.2006, annual increment for the year 2010-11 and leave encashment of 227 days has been declined.

(2.) The petitioner was selected and appointed to the post of Accounts Clerk on 14.7.1995. While he was working as Accounts Clerk he was directly recruited to the post of Accountant on 14.1.1996. Thereafter he was directly appointed to the post of Finance Officer. Petitioner was sent on deputation to Northern India Institute of Fashion Technology, Mohali. While he was on deputation before expiry of deputation period, a correspondence for the purpose of absorption of the petitioner in the NABI was going on. During process of correspondence, petitioner is stated to have submitted resignation. The same was accepted on 14.9.2012 and he was relieved. After his relieving from the third respondent office, he is entitled for service benefits like gratuity, ACP-III (on completion of 14 years of service), annual increment for the year 2010-11, arrears of pay scales & revised pay w.e.f. 1.1.2006 and leave encashment of 227 days. In this regard, on behalf of the petitioner, his counsel issued a legal notice. The same was rejected by the third respondent-Director vide Annexure P-11 dated 17.9.2013. Feeling aggrieved by the rejection of legal notice, the present petition has been filed.

(3.) Learned counsel for the petitioner contended that the petitioner was on deputation to NABI from the office of third respondent. During deputation, whatever the service condition in the office of third respondent he is entitled for the reason that he had a lien in the office of third respondent. The same cannot be denied merely because, the petitioner has resigned from the office of third respondent. It was further contended that office of third respondent have adopted ACP Scheme and Punjab Civil Services Allied Rules for the purpose of granting service benefits to employees of the third respondent insofar as granting annual increment, arrears of pay scales & revised pay w.e.f. 1.1.2006 and leave encashment. Thus, petitioner's claim is in accordance with Rule.