IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP (T) No. 4263 of 2008 Date of Decision: 1st September, 2010 Saroj Gupta Petitioner Versus State of H.P. and others Respondents Coram The Hon’ble Mr. Justice Sanjay Karol,J. Whether approved for reporting1? No. For the petitioner: Mr.A.K.Gupta, Advocate. For the respondent: Mr.R.M.Bisht, Dy. Advocate General. Sanjay Karol, J. (Oral) Petitioner has prayed for the following reliefs:- (i) That the respondent may be ordered to release the gratuity amount to the applicant with immediate effect with interest @ 12% P.A. thereon. (ii) The arrears of Senior Scale/Selection Grade may also be given to the applicant w.e.f. 1.1.1978 with interest @ 12% P.A. thereon. (iii) That the respondents may be directed to issue promotion order of the deceased husband of the applicant w.e.f. 1.1.1986 Whether the reporters of Local Papers are allowed to see the Judgment? 2 as Assistant Engineer and the financial benefits accrued therefrom may be paid to the applicant with interest @ 12% P.A. thereon. (iv) That the relevant record of the case may be called for. (v) That any other relief to which the applicant may be found entitled may kindly be granted in her favour. 2. Petitioner’s husband Shri R.N.Gupta, was working as Junior Engineer with the respondent. Prior to the year 1978 certain disciplinary proceedings were initiated against the petitioner’s husband for having embezzled government funds in discharge of his duties. Stocks to the tune of Rs.2,65,037.95 was found to be short and FIR under Sections 409, 420, 467 and 468, IPC read with Section 5(2) of Prevention of Corruption Act was lodged by the Vigilance department. Sanction for prosecution was also accorded for prosecuting Shri R.N.Gupta. Prosecution pertained to certain offences alleged to have been committed after 1978. Departmental proceedings could not be concluded during the service period and on 31.3.1996 Shri R.N.Gupta, retired. He expired on 29.5.1996 and as such criminal proceedings stood abated. 3. This petition was filed in the year 1997. 3 4. Qua relief No.(i), in the reply the respondents have stated as under:- “… Now the amount originally sanctioned by the Accountant General, H.P. Shimla on account of D.C.R.G. to the tune of Rs.52,800/- only has been released to the legal heir of Sh. R.N.Gupta on 4.6.94. It is further submitted that the case for enhancement of gratuity amount in view for considering D.A. upto 1.1.1993 as pay for retirement benefit purposes has been sent to the Sr.DAG, H.P., Shimla-3 on 29.7.97 for which sanction is awaited. From the above submissions, it is clear that if at all any delay is there for providing retirement benefit of the deceased husband of the applicant, it was only due to acts and deeds of the deceased husband of the applicant.” (Emphasis supplied) 5. In view of the specific stand taken by the respondents a direction is issued to them to pursue the matter with the appropriate authorities for early disbursement of the amount of gratuity. In the absence of appropriate authority being impleaded as a party respondent no other direction can be issued in this regard. 4 6. Qua reliefs No. (ii) and (iii), the respondents have taken a specific stand in the reply, which reads thus:- “6.3. That the contents of this para are denied as the same are based on conjecture and surmises. The case for grant of selection grade/ placement as Extra Assistant Engineer to Sh.R.N.Gupta, Junior Engineer the late husband of the applicant was also considered with his contemporaries to allow the selection grade w.e.f. 1.1.1978. But the selection grade/ placement of Extra Assistant Engineer in question could not be granted by the Departmental Promotion Committee to Sh.R.N.Gupta due to various vigilance, shortages and disciplinary cases pending against the official while he was working in Kumarsain/Kinnaur Division (Now Kalpa Division) at the relevant time as he was found unfit for the same. The name of Sh.R.N.Gupta, Junior Engineer (Civil) for his promotion as Assistant Engineer (Civil) was also included in the list of Junior Engineer (Civil), but due to vigilance/ shortages case to the tune of Rs.2,65,037.95 relating to Kinnaur Division (Now Kalpa Division) on account of shortages as well as non handing over of charge to his successor 5 was pending against him while he was working in Kinnaur Division (Now Kalpa Division), hence he was not promoted to the post of Assistant Engineer (Civil). Afterwards the case of shortages to the tune of Rs.2,65,037.95 was investigated by the Vigilance Department and a criminal case under Section 409, 420, 467 and 468, IPC to be read with Section 5(2) of Prevention of Corruption Act, 1947 was filed by the Vigilance Department in the Court of Ld. Special Judge, Shimla, for which the prosecution sanction was accorded by the Superintending Engineer, 12th Circle, HP PWD dated 24.6.94 in the capacity of competent/ disciplinary authority at that relevant time. Meanwhile the accused Sh.R.N.Gupta, Junior Engineer retired from Government service on attaining the age of his superannuation on31.3.1996 and died after two months on 29.5.96 thereafter.” 7. It is evidently clear that selection grade is to be awarded on the basis of the relevant service record in existence as on the date on which the employee is entitled for the same. Now in the present case as on 1.1.1978 not only disciplinary and other proceedings were pending against the petitioner’s husband but also vigilance certificate, 6 due to doubtful integrity could not be issued. Hence petitioner husband cannot be held entitled to reliefs (ii) and (iii). 8. The case of the petitioner’s husband for promotion was considered and he was not found suitable for promotion. During his life time, petitioner’s husband did not make any grievance qua reliefs (ii) and (iii). Serious allegations pertaining to his integrity were in issue. Hence no relief can be granted to the petitioner save and except as already directed hereinabove earlier. 9. With the above observations and directions, petition is disposed of. 1st September, 2010 (Sanjay Karol) (C) Judge.