Employee continued in promoted post till superannuation despite stayed reversion entitled to pension on higher post's last pay drawn; reversion not set aside does not affect retiral benefits post-retirement.

O R D E R

Per: RAMESH SINGH THAKUR, MEMBER (J):

1. The present Original Application filed under S ection 1 9 o f t he Administrative Tribunals Act, 1985 is directed against t he i naction o f t he respondents in not releasing the pension and other p ensionary b enefits as per the superannuation order dated 31.08.2020 ( Annexure A -2) wherein the applicant has been retired as Superintendent G rade-II b ut vide PPO (Annexure A-1) the applicant has been granted p ension o f t he reverted post. The applicant has prayed for reliefs as under:

“ i) That the complete record of the case be c alled f or, i n t he interest of justice;

ii) That respondents be directed to release pension & p ensionary benefits of the last post held by the applicant a nd t o r elease a ll arrears of pension and pensionary benefits with i nterest @ 1 2% p.a. till the actual payment is done.

iii) That respondents be directed to issue fresh P PO t o t he a pplicant of the post of Superintendent Grad-II from which t he a pplicant h as worked and has been retired.

iv) That this Hon’ble Tribunal may also pass a ny o ther o rder i n favour of the applicant which it may deem fit i n t he p eculiar f acts and circumstances of the case.

v) That t he cost of the application may also be a warded i n f avour o f the applicant.”

2. Facts of the case in brief are as follows. T he a pplicant j oined service under the r espondent department as Clerk o n 1 0.03.1987. During t he course of his service, he was promoted a s J unior A ssistant vide Order dated 02.08.1999 and thereafter as S enior A ssistant v ide Order d ated 14.09.2004. The next promotional channel a vailable t o t he applicant from the post of Senior Assistant w as t o t he p ost o f Superintendent Grade-II.

3. During s ervice, the applicant was issued a d epartmental charge-sheet dated 18.04.2012, and pursuant thereto, a p enalty o f ‘withholding of five increments with cumulative e ffect’ w as i mposed upon t he applicant under Rule 5(v) of the Punjab C ivil S ervices (Punishment and Appeal) Rules, 1970 vide order dated 2 6.03.2013. T he applicant preferred an appeal against the said penalty o rder, a nd v ide appellate order dated 26.09.2013, the penalty w as m odified a nd reduced to withholding of two increments with cumulative e ffect. T he applicant submits that annual increments were granted o n 1 st J anuary of each year and, therefore, the effect of withholding o f t wo i ncrements stood exhausted on 01.01.2014 and 01.01.2015 respectively.

4. The applicant contends that he was the senior-most e ligible S enior Assistant f or promotion to the post of Superintendent G rade-II. A meeting of the Departmental Promotion Committee ( DPC) w as h eld o n 21.10.2015 for making promotions to various posts i ncluding o ne p ost of Superintendent Grade-II. Pursuant to recommendations o f t he D PC, the applicant was promoted to the post of Superintendent G rade-II v ide order dated 28.10.2015 and he assumed charge of t he s aid p ost o n t he same day.

5. It is pleaded that after the applicant had worked o n t he p romoted post for several years, the respondent department i ssued a S how C ause Notice d ated 27.02.2020 stating that the applicant h ad b een p romoted during the currency o f a major pe