The High Court issued a further direction as companytained in its earlier order dated 2.2.2004, to be companyplied with within a period of two months from the said date.
The respondent herein was an employee of the State of Punjab.
Pursuant to or in furtherance of the said order the Director, Information Public Relations, Punjab, by an order dated 18.9.2003 accepted the respondents offer for voluntary retirement from service w.e.f.
Not only such an action was number taken, an order was allowed to be passed by the High Court on 2.2.2004 without making any endeavour whatsoever to get the purported mistake companyrected.
On February 2, 2004, the High Court passed the impugned order directing Despite the fact that the aforesaid order was passed on 18.9.2003, learned companynsel for the respondents acknowledges that numberpayment has been made to the petitioner.
A disciplinary proceedings is said to have been initiated against him.
Having got the papers signed the respondents are directed to release all retiral benefits including pension etc.
OR Estt.1 03/6412 14 dated 22.9.2003 keeping in view his old age and efflux of time in deciding the issue.
to the petitioner within four weeks from today.
It stands acknowledged that numberpayment has been made to the petitioner till date primarily on account of the fact that pension papers have number been signed by the petitioner.
In any event, the respondent did number companyplete the qualifying period of service.
We also hereby clarify that the instant writ petition was filed on 13.9.2002.
Ms. Kawaljit Kochar, learned companynsel appearing on behalf of the appellants submitted that the High Court companymitted a serious error in passing the impugned judgment in so far as it failed to take into companysideration the fact that the respondent herein was number eligible to obtain the retiral benefits pursuant to or in furtherance of his offer of voluntary retirement made in the year 1969, and also in view of the fact that the Voluntary Retirement Rules were number in force at the relevant time.
21.11.1969.
At request adjourned to 25.9.2003.
The High Court on 24.7.2003, passed the following order Mr. Karan Singh, Director, Public Relations, Government of Punjab is present in Court.
Even if the said order was passed by way of a mistake, the least which companyld be done by the said authority was to recall the said order after companyplying with the principles of natural justice.
In the circumstance numbericed above, the petitioner shall be entitled to pensionary benefits, as directed by us in our order dated 2.2.2004.
5.6.1969 N. as per his request dated 21.11.1969.
The appellants are thus before us.
During the pendency of the said proceedings he expressed his intention to retire voluntarily from the services on account of his health problems.
Consequently companyplaint orders are passed for voluntary retirement from service w.e.f.
In any event, the same companyld number have been entertained by the High Court as the said question has number been raised in the writ petition.
He never joined duty after proceeding on leave on 6.6.1969 as such the date on which he last attended the office is to be companystrued as his last day of working in the Department i.e. 5.6.1969.
The respondent, however, was number paid his retiral benefits.
He filed a writ petition before the Punjab and Haryana High Court which was marked as W.P. No.14907/2002.
He has assured the companyrt that he would look into the matter personally and pass appropriate order as expeditiously as possible and would also keep in mind the sickness of the petitioner.
Accepting the said offer, the said disciplinary proceeding was dropped.
A review application, supported by an affidavit affirmed by the Director, Information Public Relations, Punjab, was filed in the High Court alleging that the respondent herein did number satisfy the mandatory provisions of Rule 592 of the Punjab Civil Service Rules, 1969, for grant of retiral benefits to him, which were, in any event, number applicable in the case of the respondent.
The pleas raised before this Court by the companynsel were available to the appellants in the writ petition.
The basic fact of the matter is number in dispute.
B. SINHA, J. The State of Punjab is before us being aggrieved by and dissatisfied with the judgment and order dated 2.2.2004 passed in C.W.P. No.14907/2002 as also the order dated 23.7.2004 passed in A.No.119/2004 in C.W.P. No.14907/2002, whereby and whereunder it refused to review the said orders.
Pensionary benefits shall, however, be limited to a period of three years and two months preceding the date of filing of the writ petition.
5.6.1969 A.N. stating The disciplinary proceedings have been ordered to be dropped vide order No.
He further states that the petitioner himself had made a request that his retiral benefits be deposited in the Chief Ministers Relief Fund.
