Service matter -- Pensionary benefits – Right of -- Pendency of complaint – Effect of -- Complaint made by a person against an employee which is still under investigation, cannot be treated as pending departmental proceedings -- In the absence of charge-sheet withholding of the pensionary benefits is totally arbitrary, illegal and without jurisdiction -- Merely on the basis of a complaint that too before the Vigilance Bureau, the benefits of the petitioner have been wrongly withheld -- Writ petition allowed, the respondents are directed to release all the pensionary benefits of the petitioner forthwith – Petitioner is also held entitled for the grant of interest @ 9% per annum.

(Para 9-20)

Punjab Roadways (Workshop) Rules, 2009 -- Pensionary benefits – Daily wages period – Consideration of -- Deceased was appointed on daily wages on 28.3.1982, termination of services on 25.7.1985 – Ordered to be reinstated with continuity in service with 50% back-wages – Deceased was regularised on 25.04.2003 -- Held, once, the benefit of reinstatement with continuity in service has been granted, then, the service from the year 1982 onwards is to be taken into consideration as qualifying service for computing the pensionary benefits.

(Para 3,4 10-16)

A. Central Reserve Police Force Rules 1955, Rule 16, 31 -- Central Civil Services (Temporary Service) Rules 1965, Rule 5 – Constitution of India, Article 14 --  Principle of natural justice -- Temporary employee – Termination of – Show-cause notice – Requirement of -- Allegation of desertion and misconduct -- Desertion is a serious allegation, which cannot be proved without any enquiry -- Reason behind the termination order was the allegation of misconduct – Held, it was necessary and incumbent as well as mandatory for the respondents to hold an enquiry -- Even a probationer has protection against the arbitrary termination and probationer is also entitled to certain protection -- Service of temporary employee cannot be terminated arbitrarily or punitively without applying the principle of natural justice -- Termination order of a temporary employee without enquiry cannot be sustained.

(Para 11-15)

B. Central Reserve Police Force Rules 1955, Rule 16, 31 -- Central Civil Services (Temporary Service) Rules 1965, Rule 5 – Constitution of India, Article 14 --  Temporary employee – Leave without sanction -- Deserter – Misconduct – Termination of -- Petitioner had applied for leave for his own marriage -- Due to compelling circumstances, petitioner left the training centre for undergoing the marriage ceremony -- Date of marriage had already been fixed by his parents and it would have been embarrassment not only for the relatives of the petitioners but more so for the girl side and all the people, who were attending the marriage ceremony -- Rejection of his leave in these circumstances left no choice with the petitioner but to leave as he did – Since, the petitioner did return to join back, the punishment of termination in the present situation is nothing but 'harsh' and therefore deserves to be set aside -- Respondents are directed to take back the petitioner into service forthwith, however, the petitioner shall not be entitled to the back wages.

(Para 20-23)

Haryana Municipal Employees Pension and General Provident Fund Rules, 1993 -- Municipal Account Code, 1930, Rule 5 – Relinquishment of right to pension -- Non-explanation to illiterate employee – Effect of -- Petitioner rendered service of 30/35 years -- Since the petitioner is illiterate and had merely affixed his thumb impression on the form, it was the duty of the employer/person getting the thumb impression of the petitioner on Form-4, to make the petitioner understand the scope and ambit of the rules as also the implications of giving/not-giving an option for pension under the rules applicable, on the basis of which, the employee giving the option would be entitled to pension and in case of non-giving of option, would not be entitled to pension -- Noting was also required to mention that the entire aspect of the matter had been explained to the employee concerned in the language he understood Form attached by the respondents does not reflect any such noting -- Accordingly, the benefit of the same has to be given to the illiterate petitioner – Writ petition allowed.

(Para 11)

Service matter -- Delay in release of retiral benefits – Paucity of funds – Ground of -- Interest thereupon -- Respondents have not placed on record any fact regarding any impediment in the release of the pensionary benefits of the petitioners after their retirement -- Paucity of funds with the respondent-University, due to which, the pensionary benefits of the petitioners could not be released cannot be accepted – Held, retiral benefits is to be released within a reasonable time and reasonable time fixed by the Full Bench in A.S. Randhawa’s case, 1997(3) SCT 468 is  two months from the date of retirement -- Petitioners held entitled for the interest @ 9% p.a. from the date the benefits became due till the payments were actually released to the petitioners.

(Para 7-16)

Constitution of India, Article 226 -- Punjab Civil Services Rules, Volume-II, Rule 3.17(a) – Treating service rendered against leave vacancy for pensioner benefits -- Service rendered on a work-charge establishment and paid out of the contingencies is to be counted as qualifying service – Service which the petitioner had rendered was though temporary but the same cannot be treated as less than the workcharge service -- Services from 24.10.1974 till her services were regularized on 01.05.1981, cannot be excluded from the qualifying service for computing the pensionary benefits -- Respondents directed to treat it as qualifying service -- Writ filed after a period of 12 years -- Delay can be compensated by limiting the arrears for which the petitioner becomes entitled to a period of three years two months prior to filing of the writ petition.

(Para 6-14)

Constitution of India, Article 226 – Release of retiral benefits -- Departmental proceedings after retirement – Permissibility of -- Departmental proceedings initiated against the employees after retirement not permissible -- Respondents directed to release the retiral benefits including gratuity and leave encashment holding the penalty orders are not maintainable after retirement along with interest @ 6% p.a.

(Para 7-9)

A. Constitution of India, Article 311 – Prevention of Corruption Act, 1988 (49 of 1988), Section 7, 13 -- Acquittal in F.I.R. – Departmental proceedings on allegations, which were subject matter of FIR – Enquiry officer fallen in error and actually shows the intention of the authorities not to initiate the departmental enquiry against the petitioner for any other allegation except the allegations which were subject matter of FIR -- After the evidence has been examined by the trial court and it has recorded its findings acquitting the petitioner, the observations in the enquiry report clearly amounts to re-appreciation of evidence.

(Para 10,11)

B. Constitution of India, Article 311 – Prevention of Corruption Act, 1988 (49 of 1988), Section 7, 13 -- Acquittal in F.I.R. -- Suspension period of an employee – Submission that during the pendency of the criminal case, where employee is acquitted, should be deemed to be on duty for all intents and purposes – Punishment orders quashed, respondents are directed to consequently, re-fix the pay of the petitioner with all consequential benefits.

(Para 14)

Punjab Police Rules, 1934, Rule 16.2(1) -- Service matter – Dismissal from service – Qualifying service for pension – Consideration of -- Petitioner joined service on 16.05.1992, he remained absent from duty from 19.04.2012 and was dismissed on 21.08.2012 -- By the time the dismissal order was passed he had put in more than 20 years of service -- As such, his service period and the length of service rendered by him could not be over-looked and totally ignored by the authorities while dismissing him from service -- Mandate of Rule 16.2(1) of the Rules is that the authorities are bound to take into account the service rendered by the employee before passing any order under the said provision – Petitioner is held to be entitled to the pensionary benefits.

(Para 13,14)

A. Termination of Probationer employee – Regular Enquiry – Requirement of – Interpretation of -- It is well-established position that the material which amounts to stigma need not be contained in the order of termination of the probationer, but might be contained in “any document referred to in the termination order” -- Such reference may inevitably affect the future prospects of the incumbent and if so, the order must be construed as ex-facie stigmatic order of termination.

(Para 8)

B. Stigmatic Termination of probationer -- Regular enquiry –Requirement of – Appellant has been subjected to a formal inquiry before the Committee constituted under statutory regulations to inquire into the allegations bordering on moral turpitude or misconduct committed by the appellant and that inquiry culminated in a finding of guilt against the appellant with recommendation of the Executive Council to proceed against the appellant as per the service rules – Termination order is illegal being ex-facie stigmatic as it has been issued without subjecting the appellant to a regular inquiry as per the service rules.

(Para 7-12)

Service matter -- Reservation for Scheduled Castes (Majhabi Sikh and Balmiki) – Born in Rajasthan – Roots belongs to Punjab – Benefit of reservation -- Petitioner was born in Rajasthan due to Government job of father -- Roots of the petitioner are traceable to the State of Punjab as father of the petitioner belongs to Village in District Amritsar and they own land there --  Petitioner belongs to the SC (Majhabi Sikh and Balmiki) category, stands established from the report itself as also the certificates, which have been issued by the State of Rajasthan and Punjab -- Petitioner, therefore, cannot be said to be originally belonging to Rajasthan – Held, it cannot be said that she is not entitled to the benefit of the said category -- Non-consideration of the claim of the petitioner in the SC (Majhabi Sikh and Balmiki) Category, therefore, is not acceptable – Direction issued to consider her for appointment on the post of Lecturer in Political Science in the reserved category of Scheduled Castes (Majhabi Sikh and Balmiki) at an early date and declare her result within a period of two weeks.

(Para 7-11)

Constitution of India, Article 14,15,16,21 – Scheme for compassionate appointment – Dependency is criteria -- Married daughter – Right of -- Equality cannot be achieved unless there are equal opportunities for all – Non-inclusion of a “married daughter” in the definition of 'dependent family member', would be violative of Articles 14, 15, 16 and 21 of the Constitution – Daughter is held, eligible, ordered to give appointment on consideration of her claim.

(Para 11-16)

Policy regarding regularization of adhoc/contractual and daily wages employees dated 01.10.2003 (Haryana) – Acquittal in criminal case – Regularisation of adhoc Art and Craft Teacher – Right of -- For all intents and purposes, acquittal cannot be taken against the person for appointment -- If an employee is acquitted in the criminal trial, it cannot be used against him to deny him benefit of regularization -- Direction given to the respondents to regularize services of the petitioner as per policy dated 01.10.2003 and release all consequential benefits of the retirement.

(Para 8-10)

Punjab Civil Services Rules, Rule 4.23, Volume II – Pension -- Interruption of period from 02.02.1988 to 02.08.1994 -- Held, Rule 4.23 does not permit condonation of interruption of more than one year's duration -- When Statute does not permit condonation of interruption, decision of respondent refusing to grant benefit of condonation by adding earlier period cannot be faulted -- Appellant’s period after fresh appointment from 03.08.1994 being less than qualifying service of 10 years, he was not entitled for pension.

(Para 15)

Defence Service Regulations Pension Regulations for the Air Force, 1961, Regulations 37(a) and (b) – Circular dated 31.1.2001, Para 7.2, 8.2 – Disability pension from Air Force -- Disability less than 20% -- Rounding off – Only issue is whether the Appellant not having 20% disability is at all entitled to disability pension – Held, question of rounding off would not apply if the disability is less than 20% -- Appellant is not entitled to disability pension.

(Para 1,4, 9)

A. Constitution of India, Article 226 -- Service Matter – Junior getting higher salary -- Senior’s right to step-up -- Once, an employee who though is senior but getting lesser pay than his junior, his pay is to be stepped up equivalent to his junior and the stepped up pay of such senior employee cannot depend upon the pay of the junior thereafter especially when the junior has been imposed punishment -- Stepping up of the pay of the petitioner once granted, cannot be brought down upon the punishment imposed upon a junior employee -- Petitioner will also be entitled for the refixation of his salary and consequent retiral benefits.

(Para 19, 20)

B. Constitution of India, Article 226 -- Employee about to retire -- Salary reduced on pay re-fixation – Right to recover -- Pay was re-fixed two months prior to his retirement and the recovery was done from the last two salaries for which the petitioner got while in service – Recovery could not have been ordered from the petitioner as he was about to retire within a period of two months. Rafiq Masih’s case, (2014) 8 SCC 883, relied.

(Para 23)

Use of ‘Unfair means’ in examination – Recruitment process – Debarring for 10 years – Discovery of relevant material, would suffice and it is not as if only on actual use being made of the material -- It would otherwise amount to misplaced sympathy -- Debarment is of four categories: (a) Life debarment, (b) bar of 10 years (c) bar of 5 years and (d) debarment for that examination – Appellants directed to re-examine the quantum of punishment in the given facts of the case at their own discretion as to whether the punishment of debarment can be lowered from 10 years to not more than five years.

(Para 3-10)

Punjab Police Rules, 1934, Rule 12.21 – Compassionate appointment on bogus matriculation certificate – Subsequently discharged on the ground of fabrication in matriculation certificate – Held, appointment of the plaintiff/son after the death of his father on compassionate grounds was undeserving – Suit for declaration for entitlement of benefit and privileges of recruitment in Police Force in place of father dismissed.

(Para 4, 14,15)

Army Rule, 1954, Rule 13(3) – Disability pension – Delay in claiming – Right of – Rejection of claim for disability pension, communicated too in 1986 – Petition for disability pension in 1998 -- Thereafter, further application in September, 2002 was duly replied to and rejected – In January, 2010 respondent moved the Armed Forces Tribunal – Held, delay cannot deprive the respondent of the disability pension to which he is entitled -- However, grant of disability pension should be restricted to the period of three years immediately prior to the date on which the respondent moved the Armed Forces Tribunal.

(Para 1, 3,4)

Industrial Disputes Act, 1947 (14 of 1947), Section 11-A, 25-F – Daily wager – Termination of – Monetary compensation -- Respondent worked as daily wager hardly for a period of one year -- He had no right to claim regularization and to continue as daily wager -- Dispute was raised by the respondent (workman) almost after 25 years of the alleged termination before the Labour Court – Held, it would be just, proper and reasonable to award lump sum monetary compensation to the respondent in full and final satisfaction of his claim of re-instatement and other consequential benefits by taking recourse to the powers under Section 11-A of the Act and the law laid down in Bharat Sanchar Nigam Limited’s case, (2014) 7 SCC 177 – A sum of Rs.1,00,000/- (Rs. One lakh) awarded.

(Para 12-15)

A. Industrial Disputes Act, 1947 (14 of 1947), Section 25-F – Daily wager worker -- Notice pay – Non-Compliance of – Re-instatement of – Retrenchment of -- When the termination is found to be illegal because of non-payment of retrenchment compensation and notice pay as mandatorily required under Section 25-F of the Industrial Disputes Act, even after reinstatement, it is always open to the management to terminate the services of that employee by paying him the retrenchment compensation – When he cannot claim regularization and he has no right to continue even as a daily wage worker, no useful purpose is going to be served in reinstating such a workman and he can be given monetary compensation by the Court itself inasmuch as if he is terminated again after reinstatement, he would receive monetary compensation only in the form of retrenchment compensation and notice pay -- In such a situation, giving the relief of reinstatement, that too after a long gap, would not serve any purpose.

(Para 24)

B. Industrial Disputes Act, 1947 (14 of 1947), Section 25-F – Unfair labour practice – Violation of Principle of last come first go – Junior regularised – Termination of daily wager worker – Reinstatement of worker – Right of -- In such circumstances, the terminated worker should not be denied reinstatement unless there are some other weighty reasons for adopting the course of grant of compensation instead of reinstatement -- In such cases, reinstatement should be the rule and only in exceptional cases for the reasons stated to be in writing, such a relief can be denied.

(Para 25)

C. Industrial Disputes Act, 1947 (14 of 1947), Section 25-F – Termination took place more than 11 years ago -- No direct evidence for working 15 years has been furnished and most of his documents are relatable to two years i.e. 2001 and 2002 -- Need of lineman in the telephone department is drastically reduced after the advancement of technology – End of justice would be met by granting compensation in lieu of reinstatement – Compensation of Rs. 3 lakhs granted.

(Para 26)

Punjab Civil Services Rules, Vol.2, Rule 3.17-A – Re-structured Defined Contribution Pension Scheme for new entrant in Punjab Government Service, w.e.f. 1.1.2004 – Constitution of India, Article 226, 227 -- Old Pension scheme – Applicability to daily wager/ Work charge employees appointed prior to 1.1.2004 and regularised after 1.1.2004 – Held, entire daily wage service till the date of regularization is to be counted as qualifying service for the purpose of pension – Petitioner is deemed to be in govt. service prior to 1.1.2004 -- New Re-structured Defined Contribution Pension Scheme introduced for the new entrants in the Punjab Government Service w.e.f. 01.01.2004, will not be applicable to the petitioner -- Respondents directed to treat the whole period of work charge service as qualified service for pension, the new defined Contributory Pension Scheme would be applicable to all those employees who have been working prior to 1.1.2004 but have been regularized thereafter -- Pension and arrears be calculated and paid to him expeditiously, preferably within a period of three months.

(Para 16, 17)