R.S.A.No. 1946 of 1998 (O&M)

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In the High Court of Punjab and Haryana at Chandigarh

R.S.A.No. 1946 of 1998(O&M)

Date of decision: 6.7. 2009

Punjab State Electricity Board and others

......Appellants

Versus

Ram Dev

.......Respondent

CORAM: HON'BLE MRS. JUSTICE SABINA

Present:

Mr.R.S.Riar, Additional A.G.Punjab,

for the appellants.

Mr.Pankaj Gupta, Advocate,

for the respondent.

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SABINA, J.

Plaintiff -Ram Dev filed a suit for mandatory injunction

directing the defendants-Board to release interest on delayed

payment of General Provident Fund (for short 'GPF') and arrears of

salary for the last three months along with interest. The suit of the

plaintiff was dismissed by the Sub Judge, Ist Class, Pathankot vide

judgment and decree dated 22.8.1994. Aggrieved by the same,

plaintiff preferred an appeal and the same was allowed by the

Additional District Judge, Gurdaspur vide judgment and decree dated

6.11.1997. Hence, the present appeal by the defendants-Board.

R.S.A.No. 1946 of 1998 (O&M)

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The case of the parties, as noticed by the Additional

District Judge, Gurdaspur in para 2 his judgment, reads as under:-

“The plaintiff was employed as Executive Engineer with

the Punjab State Electricity Board (hereinafter to be

referred as Board). He proceeded on leave after

12.8.1988 due to the ill health of younger brother and

under the compelled circumstances he had to make a

request to the Board for his pre-mature retirement. He

gave notice dated 1.9.1989 for his pre-mature retirement

and vide his representation dated 15.12.1989 he made a

request to the Board for the release of his salary along

with pensionary benefits. He was retired by the Board

vide letter dated 23.10.1989 ordering his pre-mature

retirement w.e.f. 11.6.1989. The plaintiff-appellants

pleaded that the order was illegal as the same was

passed with retrospective effect. He was also asked to

deposit three months salary in lieu of the notice and sum

of Rs.18,865.20 paise was deducted from the arrears of

his pay. He also made a request for the release of his

GPF and other retirement benefits but the GPF amount

was not paid and the Board insisted for the deposit of

Rs.3318.50 paise. The amount of Rs.3318.50 paise was

deposited by the appellant in the bank. The same

amount was also deducted by the Board from his pension

R.S.A.No. 1946 of 1998 (O&M)

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amount and later on the said amount was refunded. The

GPF amount of Rs.1,79,617/- was paid to the

plaintiff/appellant in the month of December, 1991, but he

was not paid interest and the Board was liable to pay a

sum of Rs.93,865.20 paise as interest. He also made a

prayer for the recovery of the amount deducted from his

pensionary benefits equivalent to three months pay and

also claimed interest at the rate of 18% per annum on the

amount not paid. A notice was served but to no effect.

Hence, the present suit was filed. The defendants filed

written statement taking preliminary objection that suit

was not maintainable and it was pleaded that the plaintiff

was allowed pre-mature retirement w.e.f. 11.6.1989 at his

own request. It was denied that the order dated

23.10.1989 was illegal. It was further pleaded that the

plaintiff vide his letter dated 1.9.1989 sought pre-mature

voluntary retirement with full pensionary benefits

admissible as per rules with immediate effect after the

expiry of leave due to him. He was accordingly retired

with the approval of the competent authority w.e.f.

11.6.1989. He was given full pensionary benefits under

rules. Three months notice was pre-requisite for

obtaining pre-mature retirement and as such, a sum of

Rs.18,865.20 paise was deducted from the amount,

R.S.A.No. 1946 of 1998 (O&M)

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which was to be paid to the plaintiff. It was further

pleaded that regarding GPF the plaintiff submitted an