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JASGURPREET SINGH PURI
Paramjit Kaur – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. petition for recovery of excess pay. (Para 1 , 2) |
| 2. petitioner's argument against recovery and non-payment of benefits. (Para 3 , 4) |
| 3. court's observation on lawfulness of recovery. (Para 5 , 6 , 7 , 8) |
| 4. court's emphasis on pension as a right. (Para 9 , 10 , 12) |
| 5. restatement of legal principles regarding pension. (Para 11) |
| 6. court's final orders and directives. (Para 14 , 15 , 16) |
JUDGMENT
Mr. Jasgurpreet Singh Puri, J. (Oral)
The present petition has been filed under Article 226 of the Constitution of India seeking a writ in the nature of certiorari/mandamus for quashing of the impugned order dated 07.01.2020 (Annexure P-2) and order dated 19.11.2019 (Annexure P-3) vide which an order has been made to recover an amount of Rs.1,36,640/- from the petitioner alleging wrong fixation of his pay.
2. Learned counsel for the petitioner submitted that it is a case where the petitioner had retired as a Craft Teacher on 31.01.2019 and the said post falls under Category-III. He submitted that after the retirement, the petitioner was paid only leave encashment and GP fund but pension and gratutity has not been paid till date and there is no reason or justification with the S
non-payment of leave salary and pension to retired employees is deprivation of a citizen in right to property. Such deprivation is violative of fundamental rights guaranteed under Article 21 and Cons....
Pension is a valuable right protected under Article 300A of the Constitution, and cannot be denied without due process. Recovery from a deceased employee's benefits is unlawful without established li....
Withholding gratuity post-retirement without notice or opportunity to contest alleged incorrect pay fixation is impermissible and deemed harsh.
Pension and gratuity cannot be withheld without proper proceedings and findings of misconduct; Rule 43(c) requires adherence to principles of natural justice.
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