CWP No.16028 of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.16028 OF 2006 DATE OF DECISION: 28-01-2008 Davinder Kaur .....PETITIONER VERSUS PGI of Medical Education and Research Chandigarh .....RESPONDENT CORAM:- HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE MOHINDER PAL PRESENT: Mr.Atul Lakhanpal, Advocate for the petitioner. Ms.Alka Chatrath, Advocate for the respondent. HEMANT GUPTA, J. The petitioner has invoked the writ jurisdiction of this Court in directing the respondent to grant pensionary benefits by taking into consideration adhoc /temporary service rendered by Gurmej Singh, husband of the petitioner and for quashing of the order dated 30-05-2005 Annexure P5 whereby a sum of Rs.53,400/- was deducted out of death-cum- retirement gratuity payable to Gurmej Singh. It transpires from the facts on record that Gurmej Singh, husband of the petitioner was charge-sheeted on account of mis-conduct CWP No.16028 of 2006 2 under Rule 14 of Central Civil Services (Conduct, Classification and Appeal) Rules, 1965. Though the enquiry was completed but before the matter could be considered by the Disciplinary Authority, Gurmej Singh died on 09-02-2005. Thereafter, the disciplinary proceedings were withdrawn. However, it was ordered that such withdrawal of the such disciplinary proceedings is subject to the recovery of pecuniary loss amounting to Rs.53,400/-. On the basis of said decision, a copy of which has been appended as Annexure R1 dated 20-04-2005, a communication was addressed to the petitioner on 30-05-2005 and the aforesaid amount of Rs.53,400/- was not paid. Admittedly, the petitioner was not given any opportunity of hearing before the amount of Rs.53400/- was not paid and thus recovered from the retiral benefits payable to the petitioner after the death of her husband-Gurmej Singh. Any recovery made without hearing the petitioner violates the principle of natural justice and fair play. Consequently, order of recovery of Rs.53400/- from the petitioner is set aside being violative of the principle of natural justice. In respect of claim of the petitioner for grant of benefit of adhoc/temporary service towards the pensionary benefits, it is pointed out that in the earlier Civil Writ Petition No.3240 of 1997 filed by Gurmej Singh before this Court, an order was passed on 06-12-1999 to protect the pay drawn while Gurmej Singh was working on temporary basis with the respondent in different projects. It is thus contended that once the pay of Gurmej Singh has been ordered to be protected after taking into consideration the period spent in projects, the same is to be counted towards the payment of pensionary benefits as well. CWP No.16028 of 2006 3 A perusal of the order passed by this Court on 06-12-1999 shows that this Court ordered the protection of the pay of Gurmej Singh by taking into consideration his temporary service for the period February, 1984 to May, 1994. In view of the said uncontroverted fact, which is to the effect that the petitioner has worked for the respondent for a period of 10 years, thereafter the said period is to be counted for the payment of retiral benefits as well. Thus, we allow the present writ petition and direct the respondents to recalculate the amount of retiral benefits payable to the petitioner by taking into consideration the services rendered from February, 1984 to May, 1994 within a period of four months from today. However, it shall be open to the respondents to initiate proceedings for recovery of financial loss, if any, in accordance with law. (HEMANT GUPTA) JUDGE ( MOHINDER PAL ) January 28, 2008 JUDGE jt