NAR SINGH DASS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The challenge here pertains to the arrears of pension and gratuity payable to the petitioner Nar Singh Dass, who retired as Inspector Police on December 31, 1986, consequent upon the decision of the State of Haryana to grant pensionary benefits to its employees on the pattern of the such benefits being paid to Central Government employees.

(2.) By the order, issued by the Account-General, Haryana to the Treasury Officer, Karnal, pertaining to the revision of pension of the petitioner of February 23, 1989, annexure P-2, it was directed that the arrears payable to the petitioner upto June 30, 1988 would be paid to him in the form of NSC/NSS. The arrears payable to the petitioner were worked out at Rs. 20961.85 and this amount according to the order of the Accountant-General, Haryana of March, 2, 1989, annexure P-4, was directed to be paid to him in NSS/NSC.

(3.) Payment of pensionary benefits in the form of NSS/NSC as per the directions of the State of Haryana, contained in their letter of November 23, 1988, came up for consideration before this Court in Jagdev Krishan Nanda v. State of Haryana, Civil Writ Petition No. 1990 of 1989, decided on August 11, 1989, where it was held that pensionary benefits including gratuity have to be paid only in cash. Following this precedent, the direction that the arrears payable to the petitioner be paid to him otherwise than in cash, are hereby quashed. The petitioner is entitled to and is accordingly directed to be paid these arrears in cash within three months from today. This writ petition is accordingly hereby accepted with costs. Counsel fee Rs. 100/-.