SARABJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner, who is a retired Superintendent from the office of Executive Officer, Panchayat Samiti, Harsha Chhinna, Amritsar, has invoked the writ jurisdiction of this Court under Article 226/227 of the Constitution of India for issuance of writ in the nature of Certiorari for quashing the memo dated 27.12.2013 (Annexure P-5) and order endorsed on 26.05.2014 (Annexure P-6), whereby the pay of the petitioner has been reduced after his retirement withdrawing the benefit of proficiency step up/ACP granted to the petitioner on 03.07.1993 and 03.07.1999, respectively. The petitioner also seeks quashing of the order dated 11.07.2014 (Annexure P-9) and order dated 23.06.2014 (Annexure P-8), whereby an amount of Rs. 1,90,205/- and Rs. 16,150/- has been withheld/recovered from the gratuity/leave encashment of the petitioner.

(2.) Further, direction is sought for releasing the pension and other retiral benefits of the petitioner at the last drawn salary without any reduction along with due arrears of pension and also releasing the withheld/recovered amount from the gratuity/leave encashment of the petitioner along with interest.

(3.) The petitioner initially joined as Clerk with the respondents-department on 03.07.1975. She was granted proficiency step up on completion of eight years of service w.e.f. 01.07.1986. She was granted higher pay scale of Junior Assistant i.e. Rs. 1,500-2,640/-. Thereafter, she was granted the benefits of another proficiency step up increment w.e.f. 03.07.1993 on completion of 18 years of service. It is stated that the cadre of Clerk and Junior Assistant is same with no extra benefits of higher responsibility. On 25.09.1998, the Government issued instructions, whereby the ACP on completion of 8-16-24-32 years was granted. The petitioner was granted the benefits of proficiency step up on completion of 24 years of service under the said ACP scheme, vide order dated 18.11.1999 w.e.f. 03.07.1999. The petitioner was promoted as Superintendent on 15.11.2001. She was granted the benefits of four years ACP in the cadre of Superintendent vide order dated 13.08.2010. The petitioner ultimately superannuated on 31.08.2013. However, when the pension case of the petitioner was processed, the objection was raised by the office of Accountant General, Punjab, on the basis of which impugned memo dated 27.12.2013 (Annexure P-5) was issued and the impugned order endorsed on 26.05.2014 (Annexure P-6) was passed, whereby the pay of the petitioner was reduced by withdrawing the benefits of 18 years proficiency step up from 03.07.1993 and 24 years ACP w.e.f. 03.07.1999. Consequently, the recoveries of Rs. 1,90,205/- and Rs. 16,150/- have been ordered. The petitioner claims that the said recoveries are contrary to Rule 6.19(c) and Rule 9.4(b) (iii) of the Punjab Civil Services Rules, Volume II and seeks quashing of the said orders.