Permod Kohli, J. - (1.) THE petitioner is aggrieved against the action of the respondents in effecting recovery from his gratuity and re -fixation of his salary after retirement.
(2.) THE petitioner joined the service with the respondents on 23.3.1962 and retired on 31.3.1999 as Chief Inspector from Pepsu Road Transport Corporation Bathinda -I, on attaining the age of superannuation. He was informed vide letter dated 27.8.1999 by respondent No. 2 that a sum of Rs. 1,45,332/ - is payable on account of death -cum -retirement gratuity. It is alleged that though this amount was found to be payable, he has actually been paid a sum of Rs. 1,20,583/ - vide cheque dated 13.9.1999 and an amount of Rs. 24,749/ - has been erroneously deducted from his gratuity. It is further alleged that the basic pay of the petitioner at the time of retirement was Rs. 7,440/ - whereas his pension has been illegally commuted by reducing his basic pay from Rs. 7,440/ - to Rs. 7,220/ -. A representation dated 17.11.1999 (Annexure P -2) was preferred by the petitioner against the alleged illegal deduction and re -fixation of his basic pay. However, the same has not been responded to. He has accordingly approached this Court through the medium of this writ petition, seeking relief of payment of the deducted amount of gratuity with interest and re -fixation of his pension by taking into consideration the last drawn salary. Respondent No. 1, the main contesting respondent, who was the employer of the petitioner has filed a written statement pleading therein that the basic salary of the petitioner was fixed at Rs. 186 as on 1.1.1978. A special increment of Rs. 24/ - was given to the employees, including the petitioner by the Punjab Government who did not participate in the strike w.e.f. 8.2.1978. Later a clarification was made by the Government vide letter dated 5.7.1989 that the aforesaid special increment released in favour of such employees who did not participate in the strike, cannot be treated as normal increment for the purpose of Rule 4 of the Punjab Civil Services (Revised Pay) Rules, 1979 which, inter alia, deals with the grant of normal annual increment to the Government servant. It is accordingly stated that erroneously the special increment was added into the basic pay of the petitioner as on 8.2.1978 and his basic pay was fixed at Rs. 210/ - instead of Rs. 186/ -. Consequently the benefit of special increment continued to be received by the petitioner till the date of his retirement where upon his basic salary came to be made at Rs. 7,440/ - which he was receiving at the time of his retirement whereas his basic pay at the time of his superannuation should have been Rs. 7,220/ -. According to the respondents, this fact came to the notice of the respondents only after his retirement when his post retiral benefits were being fixed. It is accordingly mentioned that the petitioner has withdrawn an excess amount of Rs. 24,779/ - which has been deducted from his gratuity and after deduction, he was paid balance amount of Rs. 1,20,583/ -. It has been further mentioned by the respondents that the petitioner has been paid other retiral benefits like leave encashment and provident fund. His pension has also been fixed with basic salary at the time of retirement at Rs. 7,220/ -, keeping in view his basic salary as Rs. 186/ - as on 1.1.1978 and not as Rs. 210/ - as on 8.2.1978.
(3.) I have heard the learned Counsel for the parties at length and perused the paper book.;