STATE OF PUNJAB Vs. BAWA SHIV SINGH BEDI

JUDGEMENT

(1.) The State of Punjab has filed this Letters Patent Appeal against the judgment of the learned Single Judge by which the claim of writ petitioner for the grant of leave encashment, restoration of cut in pension and the payment of retiral benefits had been up-held. The petitioner himself having expired, his legal representatives are on record as respondents. A few facts may be noticed.

(2.) Baba Shiv Singh had retired from Government service as a District Inspector of Schools of July 9, 1954. He had approached this Court with a prayer for the grant of following reliefs:

(3.) The respondent's claim was contested by the State Government on the ground that the provision for leave encashment was only available to persons who had retired on January 31, 1978 or thereafter. With regard to the restoration of full pension and the removal of the cut imposed on account of payment of gratuity, it was pleaded that the decision had been taken by the State Government on January 1, 1988 and the payment was released to the officer after that date. In so far as the entitlement of the employee to the redetermination of pension with the grant of dearness pay is concerned, it was claimed that the benefits is admissible only to the persons who had retired on or after the prescribed date. The learned Single Judge negatived the contentions raised on behalf of the department and accepted the claim of the writ petitioner. Hence this appeal.