- (1.) The petitioner retired from service of Haryana Irrigation Department on 30th November, 1989. On 29th November, 1989, that is, on the day preceding the date of his retirement, he was served with a statement of charges/allegations requiring him to submit his reply within fifteen days. Thereafter, on 29th June, 1990, the petitioner was allowed full provisional pension till decision of the pending cases against him and also released the benefit of cash equivalent to salary for 240 days' earned leave. However, on 17th July, 1990, the petitioner was intimated that since he had been charge-sheeted and finalisation of departmental proceedings would take some time, it was not possible at that stage to release the gratuity and commutation of pension till final decision in the disciplinary case pending against him. Aggrieved by this, the petitioner has approached this Court for the issuance of a writ of certiorari quashing the show-cause notice issued to him on 29th November, 1989, and also decision of the respondents postponing the payment of full pension and the amount of gratuity admissible to him.
(2.) After hearing the learned counsel for the parties and having gone through the material on the records, we find that the plea taken by the respondent is not sustainable in law. Even if the State is competent to initiate departmental proceedings immediately before or after retirement of a Government servant, it has no authority in law to withhold the pensionary benefits of the employees. Since the petitioner has reiterated from service, he is entitled to full pension and gratuity etc. regardless of the fact that the departmental proceedings have been initiated against him. If ultimately any amount is found due against the petitioner, the State Government can proceed against him for the recovery of that amount in accordance with law. But postponing the payment of pension and withholding the amount of gratuity and commutation of pensionary benefits etc., is not permissible in law and is wholly unwarranted under the statutory service rules.
(3.) Accordingly, the respondents are directed to release to the petitioner all pensionary benefits, that is, arrears of pension, gratuity and commutation of pension, etc., to which he would have been entitled under the rules had the statement of allegations/charges not been served on him on 29th November, 1989, that is, a day preceding the date of his retirement attaining the age of superannuation. Since the payment has been delayed unnecessarily and without any authority of law, the petitioner shall be entitled to payment of this amount with 12 per cent interest from the date the amount became due till the date of actual payment. The respondents are directed to clear the arrears within one month. Consequently, this writ petition stands allowed, with no order as to costs.;