Permod Kohli, J. - (1.) THE petitioner was appointed as a lady doctor by the Secretary, District Red Cross Society, Ambala for the Family Welfare Planning Centre, Yamuna Nagar w.e.f. 25.6.1975 vide appointment letter dated 25.6.1975. Her engagement continued till 10.2.2005 when the petitioner was finally retired from service. It is not in the dispute that the normal date of superannuation in the Red cross Society at the relevant time was 58 years. The society framed and adopted the rules, namely, Indian Red Cross Society and St. John Ambulance Association, District Branch, Yamuna Nagar Staff Rules of 2002 which, inter alia , provides as under: Superannuation & Retirement: 11. An employee shall retire on attaining the age of 58 years. He may, however, be allowed to work upto the age of 60 years by the appointing authority, if his performance is satisfactory and he is physically fit. No extension beyond 60 years shall be given except with the prior approval of the President. Provided that an employee may seek voluntary retirement before attaining the age of 58 years, after completing 20 years service, and giving 3 months clear notice of his intention to do so. In that case, he shall be entitled to benefits admissible to him under the Rules according to his length of service. Provided that an employee, may, however be permitted to withdraw his notice with the approval of the competent authority. The date of retirement of the employees except those whose date of birth falls on the 1st day of month, will be the afternoon of the last day of month, in which the date of their retirement falls instead of the actual date of their superannuation. In the case of those employees whose date of birth falls on the 1st day of the month, the date of retirement will be the afternoon of the day of the month preceding the month their date of birth falls. 12 & 13 XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX XXX 14. Employee of the Society/Association shall be entitled to leave as per Haryana Government Leave Rules.
(2.) A bare perusal of these rules indicates that the society may retain an employee beyond 58 years of age up to the age of 60 years with the prior approval of the President. The petitioner attained the age of superannuation i.e. 58 years on 31.10.2004. However, the society continued the petitioner and recommended for extension of her services upto the age of 60 years to the Director Health Services, Haryana. It appears that the society was getting grant -in -aid and thought it proper to seek approval of the Director Health Services, Haryana. The Director Health Services vide its letter dated 9.2.2005 informed the society that in the event an employee is to be retained in service beyond the 58 years of age then no salary will be paid by the State Government and, society will bear the expenses in respect of such employee. This decision was communicated to the petitioner on 10.2.2005. The petitioner approached this Court seeking a direction for payment of salary and other post retiral benefits in C.W.P. No. 6001 of 2005, a Division Bench of this Court disposed of this writ petition with the following directions: After hearing the learned Counsel for the petitioner, we dispose of this writ petition with a direction to respondent No. 2 to take a decision on the representations Annexures P -5, P -8 and P -9, within a period of three months from the date that a certified copy of this order is supplied to him. In case the petitioner's claim is to be denied, the respondent shall pass a speaking and well reasoned order and communicate the same to the petitioner.
(3.) IN furtherance to the directions of this Court in the aforesaid judgment dated 12.4.2005, respondents have passed the order dated 4.7.2005, declining the salary to petitioner for the period of overstay beyond 58 years of age. However, the claim for CPF amount was accepted with the condition that recovery, if any, will be deducted on account of discrepancy in pay scale. The Director Health Services also issued a communication dated 9.2.2005 to the Secretary Red Cross Society whereby certain recoveries have been ordered from the emoluments of the petitioner on the ground that the petitioner has been granted selection grade of Rs. 4100 -5300 w.e.f. 1.5.1989 whereas this pay scale was admissible w.e.f. 1.1.1998. This grade is payable to only 20% officers working on cadre posts. There is only one post of Medical Officer at the Centre to whom this grade is not admissible. This letter further indicated that the petitioner is entitled to ACP benefit w.e.f. 1.1.1998 instead of 1.1.1996. The petitioner is aggrieved of the aforesaid two communications i.e. 9.2.2005 whereby recovery is sought to be made from her and the communication dated 4.7.2005 vide which his claim regarding pay fixation has been rejected.;