Partly allowed

Krishana Devi and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC23 Apr 2010CWP/7171/2010

Case brief

AI extract

What is this about?

The Court quashed recovery orders withdrawing three increments granted to petitioners, directing refund within four months. Pending a committee inquiry into claims for increments and pension benefits, retired petitioners were directed to receive benefits as per reduced pay until further orders.

What did the court decide?

Recovery orders quashed; recovery to be refunded within four months; pending claims referred to Officers' Committee; retired petitioners to get benefits at reduced pay.

Krishana Devi and Ors. Vs State of… — Labour and Industrial Disputes | Punjab & Haryana HC (2010)

¶1

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

¶2

C.W.P. No. 7171 of 2010 . [O&M] Date of Decision: 23^rd April, 2010 .

¶3

Krishna Devi & Ors.

¶4

Petitioners through Mr. Amit Chopra, Advocate.

¶5

Versus

¶6

State of Punjab & Ors. Respondent

¶7

CORAM:

¶8

HON'BLE MR. JUSTICE SURYA KANT.

¶9

1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest?

¶10

SURYA KANT, J. [ORAL]

¶11

Notice of motion.

¶12

Mrs. Charu Tuli, learned Sr. DAG, Punjab, accepts notice. Keeping in view the nature of order which I propose to pass, there is no need to ask the respondents to file any counter-affidavit.

¶13

The petitioners are aggrieved at the impugned orders dated 21.04.2009 [Annexure P-11] whereby the benefit of three increments granted to them from the date[s] of passing the Giani/Prabhakar qualifications, has been decided to be withdrawn. They also seek a writ of Mandamus directing the respondents to release the pension and other retiral benefits to those petitioners who have since retired, on the basis of the pay actually drawn by them till their retirements.

¶14

So far as the recovery is concerned, learned counsel for the parties are ad-idem that the controversy is squarely answered in favour of the petitioners by a Full Bench decision of this Court in

¶15

Budh Ram v State of Haryana & Ors. 2009[3] PLR, 511 . Consequently, the recovery orders are hereby quashed. The

¶16

recovery, if any, affected from the petitioners shall be refunded to them within a period of four months from the date a certified copy of this order is received.

¶17

Adverting to the claim of the petitioners on merits that they are entitled to the three increments earlier granted to them and/or the pensionary benefits on the basis of the pay actually drawn by them till their retirement, this Court vide order dated 02.03.2010 passed in CWP No. 16323 of 2008 [Smt. Sudarshana Devi & Anr. V State of Punjab & Ors.] has constituted an Officers' Committee to look into such like claims which essentially require verification of the facts of each case. The writ petitions qua the afore-stated relief are accordingly disposed of by relegating the petitioners before the Officers' Committee, who shall consider their claims in accordance with the Rules/Government instructions and keeping in view the facts of individual case and shall make appropriate recommendations after hearing the petitioners in person, if so required. The needful shall be done within a period of four months from the date a certified copy of this order is received. Till the Committee takes any decision, the petitioners who have retired from service shall be granted or continue to draw their retiral benefits as per the reduced/re-fixed pay.

¶18

Disposed of. Dasti .

¶19

April 23, 2010. ( SURYA KANT ) dinesh JUDGE

Krishana Devi and Ors. v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Krishana Devi and Ors. v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Hari Om Arora Vs State of Punjab and Ors.

Davinder Kaur Vs State of Punjab and Ors.

Dev Raj Vs State of Punjab and Ors.

Jagjivan Singh Vs State of Punjab and Ors.

Bhag Singh Vs State of Punjab and Ors.

Anita Bhardwaj Vs State of Punjab and Ors.