IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 7305 of 2009. [O&M] Date of Decision: 12th August 2010. Kulbhushan Rai Petitioner through Mr. S.C.Pathela, Advocate Versus State of Punjab & Ors. Respondents through Mr. K.S.Sidhu, Dy. AG, Punjab. Mr. Harsh Aggarwal, Advocate Mr. Sandeep Khunger, Advocate. CORAM: HON'BLE MR. JUSTICE SURYA KANT. 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? SURYA KANT, J. [ORAL] This order shall dispose of Civil Writ Petition Nos. 7305, 7308 of 2009 and 7255 of 2010 as common questions of law and facts are involved in these cases. For the sake of brevity, the facts have been extracted from CWP No. 7305 of 2009. The petitioner retired from the services of Municipal Corporation, Ludhiana as an Executive Engineer w.e.f. 31.08.2006. The petitioner had admittedly served in the Public Health Department, Government of Punjab w.e.f. 3.9.1971 to 22.10.1993 before joining the Corporation. The petitioner sought that the services rendered by him in the Government of Punjab be counted towards the 'qualifying service' for the purposes of grant of pension and other retiral dues. Pursuant to the directions dated 17.10.2008 issued by this Court in the earlier Civil Writ Petition No. 17972 of 2008, the Municipal Corporation, Ludhiana has now passed a speaking order dated 16.12.2008 [Annexure P-4], the relevant part of which reads as follows:- “Therefore, though the period of service of petitioner rendered in Public Health Department was countable for reckoning his retiral benefits yet this was subject to deposit of all the benefits mentioned in the Government instructions. In the instant case, the Public Health Department has though sent a sum of Rs.2,04,244/- on 22.01.2008 towards the retiral benefits of petitioner yet while sending this amount, leave salary amount and interest amounting to Rs.487035/- has not been paid. Faced with this situation, with the advice of the Audit Department, the matter has been referred to the Government on 16.12.2008 for final orders in this regard. However, the amount of Gratuity, leave encashment benefit and amount of General Provident Fund has already been paid to the petitioner. Thus from the facts, it is apparent that there is no dispute with regard to counting of the service rendered by the petitioner in the Public Health Department for calculation of the retiral benefits and the precise hurdle is of the recovery of short amount of Rs.487035/- referred above. Considering the facts of this case, it may be just and proper to release the pensionary benefits, i.e., pension including the commuted value thereof by counting his total service rendered in the Government Department as well as Municipal Corporation subject to the condition of withholding of impugned amount of rs.487035/-. As regards the claim of grant of benefit of proficiency step up on completion of 9 years service as Assistant Engineer, the appointing and controlling authority of the petitioner was Government and final decision on this claim of the petitioner rests with the Government”. As may be noticed, the Corporation has agreed to grant the benefit of 'Government service' rendered by the petitioner towards 'qualifying service'. Similarly, the petitioner though has been found entitled to the payment of Rs.4,87,035/- but the same has not been released on the plea that the said amount is payable by the State Government. The Corporation has accordingly shifted the onus on the State Government to release the said payment to the petitioner and has also formally requested the State Government to this effect. In my considered view, the inter-se dispute between the Corporation or the State Government can not stall the payment to which the petitioner is entitled to in law. The State Government is of course obligated to reimburse the Corporation to the extent of its liability as per the Rules. For the reasons afore-stated, the writ petitions are allowed and the Municipal Corporation, Ludhiana is directed to release the aforementioned payment in favour of the petitioners along with arrears of leave salary, within a period of two months from the date a certified copy of this order is received. In addition, the respondents are also directed to consider the claim of the petitioners in CWP No. 7308 of 2009 and 7255 of 2010 for payment of arrears towards proficiency-step up with effect from 1.1.2006 till their retirement and in case they are found entitled to, the same shall also be released in their favour along with the aforesaid payment. As regards the claim of the petitioner in CWP No. 7308 of 2009 regarding GIS policy, liberty is granted to him to make a representation to the State Government which shall be considered, in accordance with law, and disposed of by passing a speaking order, within a period of five months from the date of its receipt. Meanwhile, the Commissioner, Municipal Corporation, Ludhiana is directed to hold a meeting with the Principal Secretary to the Government of Punjab, Department of Local Self-Government to resolve the issue regarding reimbursement by the State Government. Needless to say that the State Government shall also release the due arrears in favour of the Corporation at the earliest. Disposed of. Dasti. August 12, 2010. ( SURYA KANT ) dinesh JUDGE