IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 12459 of 2008 Decided on : 01.08.2011 ________________________________________________ Laxman Singh … Petitioner Versus State of H.P. and Others … Respondents. ___________________________________________________ Coram The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting? No.1 For the petitioner : Mr. Ranjan Sharma, Advocate. For the respondents : Mr. P.K. Sharma, Addl. A.G., with Mr. Anil Jaswal, Dy. A.G. ________________________________________________ V.K. Sharma, Judge (oral). The petition has been filed on the following prayers:- “i) That the Respondents may be directed to give Revised pension w.e.f. 1.1.1986 and the benefit of Dearness relief on such pension w.e.f. 1.1.1986 to 31.12.1995 forthwith. ii) That the Respondents may be directed to give the Revised pension w.e.f. 1.1.1996 @ Rs. 1275/- or at Rs. 1310 vide Annexures A- 7 and A-7/A and the Dearness relief on such pension w.e.f. 1.1.1996 till Feb. 2005 and thereafter forthwith. 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 iii) That the action of the Respondents in giving the pension provisional pension of Rs. 757/- vide Annexure A-3 w.e.f. the date of retirement of the applicant i.e. 16.11.1985 till Feb 2005 at the same rate and without giving Dearness relief as amended and applicable w.e.f. 1.1.1986 as per OM dated 22.4.1987 vide A-6 and then w.e.f. 1.1.1996 onwards forthwith. iv) That the Respondents may be directed to give arrears of Revised pension and Dearness relief thereon, w.e.f. 1.1.1986 and then 1.1.1996 till realization, forthwith.” 2. The respondents have taken the following stand vide para 2 of the preliminary submissions and paras 6 (i-xix) & (a-m) and 8 on merits:- “2. That during the pendency of the case, the following developments have taken place, which are necessary to be brought on record for just decision of the case: a) That vide order dated 23.12.1999, Leave Encashment amounting to Rs. 12582/- has been paid to the petitioner by respondents (Annexure R-I). b) That the payment of arrear on account of Selection Grade by stepping up of the pay in favour of the petitioner amounting to Rs. 1086.10 paisa has been with held as a part of recovery against the petitioner. An amount of Rs. 18090/- is recoverable from him on 3 account of the following advances, which still remained unadjusted:- 1. Pay advance Rs. 9090/- (6.04.1982 to 9/1982) 2. LTC advance Rs.4000/- 3. TA advance Rs.5000/- Total : Rs.18090/- The above recovery has been pointed out by ‘AG H.P. in its audit and inspection report w.e.f. 10/84 to 7/86 vide Para “5” (Annexure R-II). c) That notification to allow crossing of efficiency bar has been issued on 25.11.2009 (Annexure R-III) and after grant of efficiency bar, his pay has been raised to the stage of Rs. 1250/- from Rs. 1200/- w.e.f. 1.01.1981 and he has also been allowed further increments thereafter as per detail below:- 1. 1.01.82 Rs. 1300/- 2. 1.01.83 Rs. 1350/- 3. 1.01.84 Rs. 1400/- 4. 1.01.85 Rs. 1460/- The payments of arrear on account of grant of increments amounting to Rs. 2735/- has also been made to the petitioner. 6 (i-xix) & (a-m) That it is pertinent to bring on record that when the petitioner was appointed as Block Development Officer at Pangi at Killar, he was also acting as Drawing and Disbursing Officer (DDO) and at that time he withdrew Rs. 18090/- as advances 4 regarding which he was chargesheeted under the provisions for imposing major penalty. After enquiry, out of six charges three were proved, two were partially proved and one was not proved. However, since, the petitioner during the pendency of disciplinary proceedings, stood prematurely retired on 15.12.1985, upon the recommendations of departmental review committee meeting dated 11.10.1985, which in itself is a “major penalty”. Therefore, it was held that for the present proceedings, though he could also be imposed major penalty but the same would amount to “double penalty”. As per Government of India instructions no. 9 so issued under Rule-11 CCA & CCS Rules, 1995 a Government employee, at a time is not to be penalized twice and with major penalty, a penalty of recovery which is a minor penalty, can be imposed, if the Government servant had caused financial loss to the Government. Since, the petitioner stood pre- maturely retired on 16.11.1985, it is thus, itself a sufficient ground. It is further submitted that due to the misconducts so proved in charge No. 1, 2 & 3, penalty of recovery was recommended against him. For charge no. 4 & 5 by taking a lenient view, his absence period was directed to be treated as “leave of kind due”. His DCRG case, alongwith regular pension was still pending, 5 therefore, the recovery of interest was waived of and the said recovery was ordered to be affected from the DCRG amount. The DCRG to the tune of Rs.6900/- has already been released vide order dtd. 23.4.2011 (Annexure R-IV) without recovering the outstanding dues as above. It is reiterated as in supra-para-2 of preliminary submissions that vide order dated 23.12.1999, Leave Encashment amounting to Rs. 12582/- has been paid to the petitioner by the respondents. The payment of arrear on account of Selection Grade by stepping up of the pay in favour of the petitioner amounting to Rs. 1086.10 paisa has been with held as a part of recovery against the petitioner. An amount of Rs. 18090/- is recoverable from him on account of the following advances, which still remained unadjusted:- 1. Pay advance Rs. 9090/- (6.04.1982 to 9/1982) 2. LTC advance Rs.4000/- 3. TA advance Rs.5000/- Total :- Rs.18090/- The above recovery has been pointed out by Accountant General, H.P. in its audit and inspection report w.e.f. 10/84 to 7/86 vide Para-5. The petitioner has also allowed efficiency bar vide notification dated 25.11.1999 and after grant of efficiency bar, 6 his pay has been raised to the stage of Rs. 1250/- from Rs. 1200/- w.e.f. 1.01.1981 and he has also been allowed further increments thereafter as per detail below:- 1. 1.01.82 Rs. 1300/- 2. 1.01.83 Rs. 1350/- 3. 1.01.84 Rs. 1400/- 4. 1.01.85 Rs. 1460/- The payments of arrear on account of grant of increments amounting to Rs. 2735/- has also been made to the petitioner. 8. That in reply to the contents of this para it is submitted that revised pension case of the petitioner has also been settled by the office of Accountant General vide PEN- 2/2060809320/1P/1115/60053016 dtd. 5.4.2011 (Annexure-R-V)). 3. In view of the above reply and particularly the one incorporated vide para 8 as above, it is manifest that the respondents have already submitted the revised pension case of the petitioner to the office of the Accountant General, pursuant to which order dated 5.4.2011, Annexure R-5, revising his pension has already been issued, the petition has been virtually rendered infructuous except that the monetary benefits arising out of order dated 5.4.2011, Annexure R-5, are yet to be released to him. 7 4. In view of the above, the petition is disposed of with a direction to the respondents to release the consequential benefits arising out of order dated 5.4.2011, Annexure R-5, to the petitioner along with ‘Dearness Relief on Pension’, if any, in terms of Rule 55-A (i) of the Central Civil Services (Pension) Rules, 1972, within three months from the date of production of copy of this judgment by the petitioner, failing which interest @ 6% per annum shall also be payable. Pending application(s), if any, shall also stands disposed of. (V.K. Sharma) Judge. 1st August, 2011. Lsp*