RAVINDER KUMAR BARWAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant has filed this Letters Patent Appeal, challenging the order dtd. 22/3/2021, passed by the learned Single Judge in CWP No.1803 of 2020.

(2.) Appellant had served in Indian Air Force and had retired from service on 10/9/1997. Thereafter, the appellant had applied for the post of Assistant District Attorney in the Department of Prosecution against the vacancy reserved for Ex-serviceman and was selected as such in the year 2001. Admittedly, the appellant had exercised an option under Rule 19(1)(b) of the CCS (Pension) Rules, 1972 (hereinafter referred to as the "Rules' in short), that the appellant's previous military service be counted as qualifying service for the purpose of retirement benefits. A perusal of Annexure A-3, reveals that a letter dtd. 25/9/2003 had been written by the appellant to the Director of Prosecution, Shimla, stating therein that he had deposited the whole amount which had been received by him on retirement from military service and thereafter, with interest up to 31/5/2003. As per the said communication, the appellant, in all, had deposited Rs.2,99,118.00 and it was requested by the appellant that the said fact may be recorded in his service record.

(3.) A perusal of Annexure P-3, dtd. 8/3/2004 (attached to the writ petition), reveals that the Accounts Office had duly acknowledged the payment of said amount made by the petitioner-appellant. On recalculation of the interest on refund of pensionary benefits, i.e. Death-cum-Retirement Gratuity and commuted pension received and refunded/deposited by the appellant, it was found that there was a difference of Rs.8,430.00. The said communication, dtd. 26/9/2020, has been placed on record as Annexure R-4 with the reply filed to the writ petition by the respondents-State. Vide Annexure R-5, annexed with the reply to the writ petition filed by the respondents-State, it was found that the appellant was required to deposit the amount with 6% simple interest and was required to pay Rs.5,150.00 by way of first installment and remaining nineteen installments at the rate of Rs.5,147.00 per month. It was also informed that after the recovery of the aforesaid amount, including interest, the military service rendered by the petitioner-appellant, would be counted for pension and other benefits in civil services. The said communication is dtd. 27/5/2003.