CWP No. 1324 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 1324 of 2008 Date of Decision: March 19, 2009 Rameshwar Dayal ...... Petitioner Versus State of Haryana and others ...... Respondents Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr. Anil Shukla, Advocate for the petitioner. Mr. Harish Rathee, Senior DAG, Haryana. **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Ajay Tewari, J. The petitioner who was working as a driver when he became ill and went absent. An inquiry was launched against him for this absence. Ultimately by order dated 16.1.96 he was retired from Government service with immediate effect due to his incapacity to even do any alternative work, on medical grounds. The chargesheet regarding his absence was filed and the period of his absence w.e.f. 17.5.94 till the date of retirement was treated as leave of the kind due. The grouse of the petitioner in the present petition is that for the purposes of retirement benefits his emoluments as on 17.5.94 were CWP No. 1324 of 2008 2 taken. However, w.e.f. 1.1.96 the respondents had revised the pay of all the employees. His contention is that benefit of these pay scales should have been granted to him and his retirement benefits be worked out on his enhanced emoluments. In defence it has been stated that the petitioner remained absent from 17.5.94 and thus the action of the respondents in computing his retirement benefits as per the emoluments drawn by him on 17.5.94 cannot be faulted. In my opinion this writ petition must succeed. By the order by which the petitioner was retired his period of absence was treated as leave of the kind due. Thus, it cannot be denied that he was in service up to 16.1.1996. In these circumstances he would be entitled for having his pay revised w.e.f. 1.1.96 and thus his retirement benefits would have to be worked out on the basis of his refixed pay. Consequently this writ petition is allowed. The respondents are directed to grant to the petitioner the benefit of the pay revision w.e.f. 1.1.96; to fix his pay in the revised pay scale, to compute the superannuation benefits on the basis thereof, to calculate the arrears and to pay the same to the petitioner within a period of three months from the date of receipt of a certified copy of this order. (AJAY TEWARI) JUDGE March 19, 2009 sunita