MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition for directing the respondents to release the balance amount of G. P. F. along with interest at Sine rate of 18% per annum, to commute the pension of the petitioner and also to count the service rendered by the petitioner in the employment of the District Board for the purpose of retiral benefits.

(2.) FACTS which are necessary to be noticed for adjudicating the claim of the petitioner are that the petitioner served as Master in the District Board Primary School, Bhaini Sidhwan, Block Jandiala, District Amritsar from 6. 5. 1955 to 30. 9. 1957. With effect from 1. 10. 1957, he joined government service and retired on 30. 6. 1990 on attaining the age of superannuation. He applied for commutation of pension by making an application to the respondent No. 4 on 4. 6. 1991. After about two months and 20 days, the Accountant General, Punjab informed the Head Master of the school that due to expiry of one year's period from the date of his retirement the petitioner be asked to apply for commutation of pension in form Pension -12-A alongwith the medical certificate. After having come to know of this communication, the petitioner took steps to apply for commutation of pension.

(3.) IN the written statement filed on behalf of the respondents No. 1, 2 and 4, it has been pleaded that the petitioner has already filed a civil suit in the Court of Sub Judge 1st Class, Amritsar (Civil suit No. 82 of 1992) to restrain the respondents from recovering an amount of Rs. 30972/and, therefore, no relief should be given to him in the writ petition. They have also stated that after deducting the amount of Rs. 30972.00 which is recoverable from the petitioner towards the house rent allowance, L. T. C. and over payment of salary, a sum of Rs. 41637.00 was credited to the account of the petitioner on 29. 8. 1991. The balance amount of gratuity was paid to the petitioner vide bank draft dated 16. 1. 1992 and the pension has also been released vide PPO No. 179 dated 20. 6. 1991. These respondents have also pleaded that the petitioner had applied for commutation of pension on 9. 7. 1991 and the same was refused. In a separate reply filed by the respondent No. 3, it has been stated that the application of the petitioner for commutation of pension without medical certificate was forwarded by the respondent No. 4 vide letter No. 207 dated 9. 7. 1991 i. e. after expiry of one year's period counted from the date of retirement of the petitioner and, therefore, the same was not entertained. The respondent No. 3 has pleaded that the department had recommended the counting of service rendered by the petitioner only from 1. 10. 1957 and, therefore, his pension was calculated by taking into consideration the service rendered by him w. e. f. 1. 10. 1957.