Ritu Bahri, J. - (1.) Petitioner is seeking directions to the respondents to pay interest on the retiral benefits and grant Leave Travel Concession (LTC) and 3rd Assured Career Progression (ACP).
(2.) Petitioner joined as Electrician on 06.05.1977 on adhoc basis and later on his services were regularized by the respondent-Corporation. He retired as Electrician on 31.01.2010 as per the order dated 18.01.2010 (Annexure P-1). Vide order dated 17.04.2008, the petitioner was imposed a punishment of recovery of Rs.1,09,410/- along with interest @ 11.10% from May, 2004 till its realization. The petitioner impugned the recovery proceedings by filing CWP No.1883 of 2009 and this Court vide order dated 03.12.2009 (Annexure P-3) admitted the writ petition and the recovery proceedings has been stayed. Thereafter, the petitioner was issued another charge-sheet, vide letter dated 24.08.2009 for non-delivery of 17000 MT wheat under direct delivery from Dhamtan Mandi to FCI (Buffer Godown), Narwana up to 30.6.2005 and 50% of resultant loss of Rs.12,81,494/- deducted by the FCI from the respondent Corporation. The petitioner was exonerated from the charges, vide its enquiry report dated 13.04.2010. However, the Managing Director of the respondent Corporation disagreed with the findings of the enquiry officer and imposed a penalty of Rs.6,40,747/- from the petitioner towards 50% of amount of Rs.12,81,494/- sustained by the respondent Corporation. Finally, the said punishment order was set aside by the appellate authority, vide its order dated 28.03.2013 (Annexure P-4). The petitioner after his superannuation on 31.01.2010 has not been granted the retiral benefits i.e. GIS payment, Gratuity and Leave Encashment.
(3.) He has not been paid leave travel concession by the respondent Corporation and also not granted the benefit of 3rd ACP on completion of 30 years regular satisfactory service in 2007 in terms of Rule 7(3) of the Haryana Civil Services (Assured Career Progression) Rules, 2008, which reads as under: - "7. Eligibility for Grant of ACP grade Pay under the general ACP scheme: - (1) to (2) Not relevant. (3) Every Government servant covered under the general ACP scheme shall, for the purpose of drawl of pay, be eligible for th ethrid ACP grade pay (given in column 6 of Part II of Schedule I in respect of the functional pay scale or any structure of his post) if he has completed 30 years of regular satisfactory service and has not got any financial upgradation in the last ten years and has not got more than two financial upgradation so far. Financial upgradation in this context includes functional promoting in the hierarchy or further revision/modification of the pay structure for the same post after 1.1.2006.";