Dismissed

Harjinder Singh v. State of Punjab and Ors.

Punjab & Haryana HC6 Oct 2023CWP/20085/2017

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition directed at the Accountant General (A&E), Punjab, directing them to issue a revised Pension Payment Order within two months after the State declared the petitioner eligible for two pensions. The Court also directed the release of consequential benefits with 5% interest, enhancing it to 10% for delayed payment.

What did the court decide?

Directed respondent No.6 to issue revised PPO within 2 months; direct release of consequential benefits with 5% interest, enhanced to 10% for delay.

Harjinder Singh Vs State of Punjab… — Pension and Retirement Benefits | Punjab & Haryana HC (2023)

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2023:PHHC:129927

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In the High Court for the States of Punjab and Haryana At Chandigarh

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CWP-20085-2017 (O&M) Date of Decision:-06.10.2023

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Harjinder Singh … Petitioner

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Versus

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State of Punjab and others

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... Respondents

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CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

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Present:Mr. Ranjivan Singh, Advocate with M s . Kanika Toor and Mr. Risham Raaj Singh, for the petitioner. Mr. Aman Dhir, DAG, Punjab.

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Mr. Sanjay Tangri, Advocate, for respondents No.7 to 9.

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GURVINDER SINGH GILL, J .(Oral)

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Learned State counsel has today filed reply by way of affidavit of Mr. Krishan Kumar, Principal Secretary, Water Resources Department on behalf of respondents No.1 and 2. The same is taken on record. A copy of the same has been furnished to learned counsel opposite.

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Para Nos.13 and 14 of the said affidavit are reproduced hereunder:-

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“13. That in compliance of the Hon ble Court orders dated 19.04.2023, advice/clarification of Respondent No.2 ie. Principal Secretary, Department of Finance has been obtained on the subject matter. As per the advice received from Respondent no. 2 dated 17.07.2023, the petitioner is still eligible for both the pensions one being received from EPF Organization based on accumulated corpus

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MOHAN SINGH 2023.10.06 17:55 I attest to the accuracy and authenticity of this order/judgment

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CWP-20085-2017 (O&M)

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( 2 )

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2023:PHHC:129927

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from Employee share and other one from the Punjab Government considering that the petitioner has already deposited the Employer share in the Government treasury. The clarification dated 17.07.2023 received from Respondent no. 2 is annexed as Annexure R-2.

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That as per aforesaid clarification received from Respondent no. 2, the petitioner is eligible for both the pensions and pension of the petitioner needs to be revised/refixed by the Pension Sanctioning Authority ie. Respondent no. 5 and the pension case is sent to the O/o Accountant General(A&E), Punjab, Chandigarh (Respondant No.6) vide Respondant No.5 Office No.5571-72/P.F, Dated 21.08.2023 for authorisation of pension and issuance of fresh revised Pension Payment Order (PPO) to the petitioner. The said letter dated 21.08.2023 is annexed herewith as Annexure R-3.”

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Learned counsel for the petitioner submits that in view of the aforestated position, the instant petition may be disposed of by directing respondent No.6-Accountant General (A&E), Punjab to do the needful to issue revised PPO in accordance with the stand taken by the State in para Nos.13 and 14, within a fixed time frame.

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In view of the aforestated position wherein the State seems to have decided to grant two pensions to the petitioner, the instant petition is disposed of with a direction to respondent No.6-Accountant General (A&E), Punjab to do the needful and issue revised PPO in accordance with the stand taken by the State in para Nos.13 and 14 expeditiously preferably within a period of 2 months from today.

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Needless to mention, the consequential benefits along with interest @ 5% per annum shall also be released preferably within 2 months after issuance of revised PPO. In case, the requisite payment is not made within the above

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MOHAN SINGH 2023.10.06 17:55 I attest to the accuracy and authenticity of this order/judgment

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CWP-20085-2017 (O&M) ( 3 )

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2023:PHHC:129927

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mentioned period of 2 months, the interest shall stand enhanced to 10% per annum from the due date.

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06.10.2023 mohan		( GURVIN	DER SINGH GILL ) JUDGE
	Whether speaking /reasoned	Yes / No
	Whether Reportable	Yes / No

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MOHAN SINGH 2023.10.06 17:55 I attest to the accuracy and authenticity of this order/judgment

Harjinder Singh v. State of Punjab and Ors.

Case brief

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Harjinder Singh v. State of Punjab and Ors.

Case brief

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