SUKHDEV RAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) (Oral) - Sukhdev Raj, who superannuated on 31.8.1997, through present petition filed by him under Art. 226 of the Constitution of India seeks issuance of writ in the nature of mandamus directing the respondents to pay him regular pension as also to commute the same according to the Punjab Civil Service Rules, Volume II.

(2.) Brief facts of the case reveal that the petitioner joined as Steno Typist in the year 1970 and was promoted as Senior Scale Stenographer in 1978. The post held by him was upgraded to that of Personal Assistant and, therefore, he was attached as Personal Assistant with the Director, State Transport. As mentioned above, he attained the age of superannuation on 31.8.1997 and as such was retired on the said date. In the month of Sept., 1997 he applied to the respondents for grant of commutation of pension but when it brought no tangible results, present writ was filed.

(3.) Pursuant to notice issued by this Court, respondents have filed reply. It has been mentioned in the written statement filed on behalf of respondents 1 and 2 that 100% provisional pension has since been given to the petitioner. Further, it is stated that the post held by the petitioner was upgraded to the post of Personal Assistant in the pay scale of 1800-3200 plus Rs. 100.00 special pay vide Punjab Government Notification dated 6.3.1990. The Punjab Government, vide notification dated 15.6.1990 revised the pay scale of the post of Personal Assistant from 1800-3200 and withdrew the special pay of Rs. 100.00. The Finance Department, vide letter dated 26.7.1991 advised that the payment of special pay to Personal Assistant be stopped with immediate effect and necessary recovery be made immediately from the petitioner. Constrained, petitioner filed Civil Writ Petition No. 11910 of 1991 which is stated to be still pending. While admitting the writ petition, operation of the impugned order was stayed.