MOHINDER SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-2016-7-121
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 25,2016

MOHINDER SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

KULDIP SINGH,J. - (1.) Petitioner- Mohinder Singh, now aged about 82 years, who retired as Joint Director of Hospitality Department, Punjab, has filed the present writ petition, seeking the arrears of pension w.e.f. 01.01.2014 to 30.09.2014 and 01.07.2014 to 28.02.2015.
(2.) Petitioner claims that he was above 80 years of age at the time of filing the present writ petition. His arrears are not being released. It also comes out that previously, the petitioner filed CWP No.17500 of 2010, in which this Court passed the following order: "The Principal Secretary to Government of Punjab, Finance Department, is directed to ensure that all the arrears of pension due towards the petitioner, who is 75 years of age, are released by 22.12.2010, positively or let the said officer i.e. the Principal Secretary to Government, Punjab, Finance Department remain present in the Court. Since the affidavit filed on behalf of respondents admits that the arrears are payable and despite filing of the petition, the arrears have not been released, further sum of L 10,000/- would be paid to the petitioner by the date communicated above. Let a copy of the order be given under signature of Reader of the Bench." Petitioner admits that as directed by this Court, the cost was paid and the arrears were released. Now, he is claiming the arrears of dearness allowance for the abovenoted period.
(3.) On behalf of the State, the liability is not denied. It is stated that the arrears of dearness allowance of the pension are to be paid. Since the Punjab Government has financial difficulties, the arrears are to be paid in instalments. Reliance has been placed on letter dated 27.06.2016 (Annexure R/1). The Government had decided to pay the arrears in the following instalments: i) 50% of the arrears from 01.07.2014 to 28.02.2015 @ 7% shall be paid during the second quarter of financial year 2016-2017 i.e. from 01.07.2016 to 30.09.2016. ii) 50% of the arrears from 01.07.2014 to the 28.02.2015 @ 7% shall be paid during the third quarter of financial year 2016-2017 i.e. from 01.10.2016 to 31.12.2016. iii) 50% of the arrears due from 01.01.2014 to 30.09.2014 @ 10% shall be paid during the fourth quarter of financial year i.e. from 01.01.2017 to 31.03.2017. iv) 50% of the arrears due from 01.01.2014 to 30.09.2014 @ 10% shall be paid during the first quarter of financial year 2017-18 i.e. from 01.04.2017 to 30.06.2017." The prayer of the petitioner is that he is 82 years of age. He fears that he may not live up to June, 2017 to receive all the instalments. Now the first instalment has been released. The second instalment is due to be released in few months. Therefore, the petitioner prays that all the arrears should be paid in one go.;


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