State of Haryana and Others v. Vijayant Kumar and Another
Case brief
What is this about?
LPA 583/2020 Punjab & Haryana High Court; voluntary retirement; qualifying service; five-year weightage; Clause 3 Rule 5.32(B) Punjab Civil Services Rules Volume-II; pension commutation; family pension; 17 years 09 months 08 days actual service; 20 years minimum service contention; half-pay leave Rule 8.119(b) Rule 8.121(2) Punjab CSR Vol-I Part-I; Rule 14 Chapter IV Haryana Civil Services (Pension) Rules 2016 (left open by Single Judge); interest 6% 12% 8%; recovery from concerned authority; precedents relied on: Nishan Singh, Ramesh Chand Kaushik, Om Parkash Vashist, Rajbir Singh, Ravi Dutt (SCT/RSJ); appeal dismissed; compliance within three months.
What did the court decide?
Respondents (legal representatives of the late writ-petitioner) retain the benefit of the upheld Single Judge's directions: commutation of pension from the date of voluntary retirement till death and family pension thereafter, to be calculated and disbursed within three months with interest @ 6% per annum (12% interest if paid after three months); this Bench further directed compliance within three months, failing which additional interest @ 8% payable by the department and recoverable from the concerned authority.