- (1.) The petitioner joined as Beldar, on 3.8.1978, on work charge basis, in the office of respondent No. 3. He remained in service from 3.8.1978 to 31.10.1988. The case of the petitioner was sent to the higher authorities, for regularization of his services, on completion of 5 years of service w.e.f. 1.4.1984. An office order was issued on 18.9.1996 (Annexure P-2) vide which the services of the petitioner, were regularized from 1.9.1992 whereas, he retired from service on 31.10.1988, and was no more in service on 1.9.1992. The petitioner then continuously represented the respondents that he retired from service on 31.10.1988, and, as such, his services could not be regularized w.e.f. 1.9.1992, when he was no more in service. The respondents admitted that the petitioner was entitled to regularization, in service w.e.f. 1.4.1984, but due to mistake, he had been regularized w.e.f. 1.9.1992. However, they did not regularize the services of the petitioner w.e.f. 1.4.1984. Consequently, they also did not pay him the retiral benefits which had become due and payable to him in November,1988. Left with no alternative, the petitioner filed CWP No. 14053 of 2002 titled as Harnek Singh v. State of Punjab and others. The writ petition, was ultimately, decided in favour of the petitioner by a Division Bench of this Court on 17.5.2004. The operative portion of the order reads as under :- "In the light of the above facts, we direct the respondents to reconsider the case of the petitioner for regularization of his services with effect from 1984, and for the payment of retiral benefits within a period of six months, from the date, a certified copy of this order is supplied to them. The writ petition is accordingly disposed of. Dasti order."
(2.) On receipt of the order of the High Court, the respondents regularized the services of the petitioner w.e.f. 1.4.1984, and issued the pension payment order on 6.1.2005. He was also paid the amount of gratuity of Rs. 4350/-. It was further stated that the petitioner had retired from service on 31.10.1988, and was due to get pension, and other retiral benefits such as gratuity etc. from November,1988. He was, however, paid the amount of Death-cum-Retirement- Gratuity, and other pensionary benefits, after a period of about 16 years, in January/February, 2005. It was further stated that this amount was utilized by the respondents, for a period of about 16 years, improperly and illegally. Accordingly, the instant Petition, was filed by the petitioner, for issuance of a Writ of Mandamus, directing the respondents, to grant interest at the rate of 18% per annum, on the retiral benefits, from the date the same became due i.e. November, 1988.
(3.) The respondents, in their written statement, admitted that the petitioner was appointed as Beldar, on work charge basis. It was also admitted that the petitioner retired from service on 31.10.1988. It was further admitted that the petitioner filed writ petition No. 14053 of 2002 and, on receipt of a copy of the order passed therein, the respondents regularized the services of the petitioner w.e.f. 1.4.1984, vide order dated 18.10.2004 and he was also paid the pensionary benefits, within a period of six months, stipulated in the Order. After regularization of the services, his case was sent for grant of pension, to the Accountant General, Punjab vide letter dated 16.11.2004. The Office of the Accountant General, Punjab, sanctioned the pension to the petitioner vide letter dated 3.1.2005. It was further stated that since the order of this Court, passed in the writ petition, referred to above, was complied with, by the respondents, within the prescribed period, the petitioner was not entitled to any interest.;