S S PURI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of the present petition under Articles 226/227 of the Constitution of India the petitioner has prayed for a direction be issued to the respondent to re-fix his pension and grant him retiral benefits after counting the period of military service for the purpose of pension which has already been counted towards pay fixation and seniority. A further prayer has been made for quashing the letter dated 7.9.2007 (Annexure-P.12) whereby the petitioner has been asked to deposit an amount of Rs. 1,26,290/- towards interest. Still further prayer has been made for quashing the order dated 17.8.2005 (Annexure-P.9) whereby interest is sought to be charged from the petitioner on refund of gratuity on the basis of letter dated 14.7.1995 (Annexure-P.13).

(2.) The brief facts of the case are that the petitioner was commissioned in the Short Service Commission of the Army on 24.4.1966 and he was discharged on 22.5.1976. Thereafter, the petitioner was paid gratuity of an amount of Rs. 10,000/- for the military service rendered in the Army in October 1976. The petitioner then joined as Excise and Taxation Officer which is Allied Service of the Punjab Civil Service on 1.6.1981 and thereafter he was appointed in the PCS (Executive Branch) on 18.1.1983. His seniority in the PCS (Executive Branch) was fixed on 18.3.1993. The pay of the petitioner was fixed on 21.7.1993 by granting him the benefit of military service rendered by him from 24.4.1966 to 22.5.1976 i.e. for a period of 10 years, 0 month and 27 days. The petitioner while in service deposited the amount of gratuity of Rs. 10,000/- with the State Government on 3.7.2002. Intimation in this regard was given to the State Government on 11.7.2002. The petitioner retired from service on 31.7.2004.

(3.) After hearing learned counsel for the parties and perusing the record the dispute in the present case is now confined only to the payment of interest on he deposit of gratuity of Rs. 10,000/- by the petitioner on 3.7.2002. It may be noticed that the State Government vide order dated 17.8.2005 (Annexure-P.9) has condoned the period of gap in respect of the petitioner after his release from military service, and joining the civil service. In other words the period from release after military service i.e. 22.5.1976 to the date of his joining as Excise and Taxation Officer being an Allied Service of the PCS on 1.6.1981 has been condoned. In this manner, a period of 5 years, 0 months and 10 days is condoned after relaxing the Part 2 Rule 4.6.A(5) of the Punjab Civil Service Rules. Besides, the benefit of military service for the period from 24.4.1966 to 21.5.1976 i.e. 10 years, months and 27 days has been given to the petitioner under Part-2 of Punjab Civil Service Rules read with Rule 4(2) of the Demobilized Indian Armed Forces Personnel (Reservation of Vacancies Punjab Civil Services) (Executive Branch) Rules, 1972. The benefit, however, was given on the condition that the petitioner will deposit the interest with the Finance Department on account of late deposit of gratuity of Rs. 10,000/- received from the Army. The petitioner was asked to deposit the interest in accordance with the conditions laid down in letter dated 14.7.1995 (Annexure-P.13). It was observed that it should be from the date of receiving the amount of benefit to the date of depositing it i.e. from October 1976 to 3.7.2002. The interest, it was observed, will be according to the interest levied on G.P. Fund from time to time. On the basis of the interest calculated, the State Government vide order dated 7.9.2006 (Annexure-P.12) asked the petitioner to deposit a sum of Rs. 1,26,290/- as interest on the delayed payment of gratuity.