Allowed

Yash Paul v. State of Punjab and Ors.

Punjab & Haryana HC13 Jul 2011CWP/10373/2011

Case brief

AI extract

What is this about?

The petitioner, a retired Masson, sought to quash the withdrawal of retrenchment increments and the recovery of Rs.1,21,744/- from salary. The Court allowed the writ petition, relying on the earlier binding decision in Charan Dass's case which had settled the issue.

What did the court decide?

Notice allowed; order passed to allow the writ petition in terms of the decision in Charan Dass's case.

Yash Paul Vs State of Punjab and Ors. — Pension and Retirement Benefits | Punjab & Haryana HC (2011)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civl Writ Petition No.10373 of 2011 Date of Decision : July 13, 2011.

Yash Paul

..... Petitioner

versus

State of Punjab and others

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..... Respondents

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CORAM : HON'BLE MR.JUSTICE SURYA KANT.

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Present : Mr.M.K.Dogra, Advocate, for the petitioner. Ms.Charu Tuli, Senior Deputy Advocate General, Punjab. -.-

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1. Whether Reporters of Local papers may be allowed to see the judgment?

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2. To be referred to the Reporters or not?

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3. Whether the judgment should be reported in the Digest?

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(Oral) Surya Kant, J.

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Notice of motion.

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Ms.Charu Tuli, learned Senior Deputy Advocate General, Punjab accepts notice on behalf of the respondents.

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In view of the nature of order which I propose to pass, there is no need to seek any counter reply from the respondents at this stage.

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The petitioner was working as a Masson on work-charge basis with respondent No.3, namely, the Executive Engineer, SPK Dam Division No.II, Shahpur Kandi Dam Project, Shahpur Kandi Township, Pathankot, and has retired w.e.f. 31.03.2008 on attaining the age of superannuation. He seeks quashing of the order dated 07.01.2008 (Annexure P-5) vide

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[2]

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CWP No.10373 of 2011

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which the retrenchee increments given to the petitioner have been withdrawn and a recovery of Rs.1,21,744/- has been sought to be effected from him.

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During the course of hearing, learned counsel for the parties are ad-idem that the controversy involved in this case stands settled by a decision dated 27.5.2009 rendered by this Court in a bunch of writ petitions including CWP No.5568 of 2008 (Charan Dass and others versus State of Punjab and others), the concluding para whereof reads as follows:-

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“In view of the above, the respondents are not entitled to effect any recovery from the petitioners either on account of retrenchment increments or special increments allegedly erroneously given. However, the respondents are entitled to re-fix the emoluments by reducing the special increment only. Consequently, the pay of the petitioners will be re-fixed and in case of those employees who have already retired from service, the retiral benefits shall be released within a period of two months. The petitioners shall also be entitled to interest on the delayed payment of pension/retiral benefits at the statutory rate wherever admissible and at the rate of 6% on pension and other retiral benefits where statutory interest is not provided for. Any amount deducted from the retiral benefits of the salary of the petitioners shall be refunded within the aforesaid period.”

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The writ petition is accordingly allowed in terms of the afore-

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stated decision of this Court in Charan Dass's case (supra).

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Dasti.

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July 13, 2011 Mohinder

Yash Paul v. State of Punjab and Ors.

Case brief

What is this about?

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Yash Paul v. State of Punjab and Ors.

Case brief

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