Case: Gur Pratap Singh Bedi Vs. State of Punjab and Another

2. The facts.The appellant joined Government service as an Excise Officer in 1944 and spiraled up over the years from the rank ofto that of Assistant Excise and Taxation Officer. Probably his record of service was not nullied but, in his later years in office since 1970 his record was a mixed one. Eventually when he was about to attain the age of 55. Government, exercising its power under R. 5.32 of the Punjab Civil Service Rules, gave three months notice of retirement on the termination of which, the order read :"You will be deemed to have retired from service, on the expiry of the aforesaid period."He completed the age of 55 on March 24, 1974 and the order was to take effect in April, that is to say, after he had completed the requisite age.3. The grounds.Counsel for the appellant attacked the validity of the order Ext. A under two heads. He first contended that R. 5.32 of the relevant rules was quoted in the order but, in the counter affidavit of the State in this Court it was mentioned that the order was not passed under the rule. The second ground pressed was one of mala fides of the second respondent the Commissioner of Excise, at whose instance, according to the appellant, entries of bad record were made in his service sheets.

Reasoning: 6. The second point is equally devoid of force. We have been taken through the record and counsel has been unsuccessful in making out a case of mala fides on the part of the second respondent. Indeed, in the High Court the latter had sworn an affidavit denying mala fides in the light of which the feeble material vaguely referred to for buildings up a case mala fides totally fails.7. The appeal, therefore, fails : It was mentioned at the bar that although two years had passed since retirement of the appellant some arrears of salary and his pension remain to be paid. It is an unfortunate declaration of duty on the part of the persons in charge to withhold payment of salary or fail to finalize pension papers expeditiously, particularly when an officer is retired and finds himself in sudden deprivation of his monthly resources. Any Government compassionate andwill not leave its public servants on retirement in the wintry cold. We dare say that while it is not a matter which arises for decision, the State will examine without any delay the question of the payment of arises of salary, if any, and the finialisation and disbursement of the pensions to the appellant.