High Court Punjab-Haryana High Court

Roshan Lal vs State Of Haryana Through … on 25 March, 2009

Punjab-Haryana High Court
Roshan Lal vs State Of Haryana Through … on 25 March, 2009
RSA No. 103 of 2005                    1

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                           RSA No.103 of 2005
                          Decided on : 25-03-2009

Roshan Lal
                                                   ....Appellant

                      VERSUS

State of Haryana through Secretary Revenue Department, Haryana,
Chandigarh and another
                                         ....Respondents

CORAM:- HON’BLE MR. JUSTICE MAHESH GROVER

Present:- Mr. Shailender Sharma, Advocate for the appellant

Ms. Rajat Goel, AAG, Haryana

MAHESH GROVER, J

This appeal by the plaintiff is directed against the judgment of

the First Appellate Court dated 18.4.2003.

The plaintiff-appellant during his tenure of service was found

guilty of mis-appropriation after regular inquiry was held against him. After

following the due process of law, the respondents by resorting to the

provisions of Rule 4 compulsorily retired him from service as a measure of

punishment.

The plaintiff-appellant filed a suit that he was entitled to

pension and based his claim on Rule 5.32A.

The respondents who contested the suit pleaded that the

appellant had been compulsorily retired from service as a measure of

punishment and that Rule 4 contemplates compulsory retirement as one of

the major punishment which can be inflicted upon a delinquent employee.
RSA No. 103 of 2005 2

It was thus contended that since they had resorted to the provisions of Rule

4 therefore, the benefit of pension etc. which is available to a person who is

retired compulsorily pursuant to provisions of Rule 5.32A are not available

to the appellant.

Following issues were struck by the learned Trial Court upon

which the parties led their respective evidence:-

1. Whether the order dated 22.6.1993 passed by defendant no.2

retiring the plaintiff compulsorily is illegal, null and void and

liable to be set aside?OPP.

2. Whether the order dated 4.10.93/6.10.93 are also illegal, null

and void?OPP.

3. Whether the suit is not maintainable in the present

form?OPD.

4. Relief

After appraisal of evidence before it, learned Trial Court

decreed the suit of the plaintiff-appellant.

In appeal filed by the State of Haryana the findings of learned

Trial Court were upset by learned First Appellate Court.

This has resulted in the instant regular second appeal.

It was contended by the learned counsel for the appellant with

reference to Rule 5.32A that he has completed 21 years of service with the

respondents and consequently he was entitled to the benefit of pension.

On the other hand, learned counsel for the respondent stated

that Rule 4 provides for compulsory retirement as a measure of punishment

which was awarded to the appellant and since he was granted the

punishment after following the due process of law he could not claim any
RSA No. 103 of 2005 3

benefit of pension.

I have heard learned counsel for the parties and have perused

the impugned judgment.

Rule 5.32-A is extracted hereunder:-

(a) A government employee is entitled, on his resignation

being accepted, to a retiring pension after completing qualifying

service of not less than 30 years, but a competent authority may

permit the pension to be granted in Special Cases where the

qualifying service is not less than 25 years.”

Similarly, Rule 4 is also extracted hereunder:-

Penalities (1) the following penalities may, for good and

sufficient reasons and as hereinafter provided be imposed on a Government

employee namely:-

Minor Penalities

(i) ——-

            (ii)      -------
            (iii)     -------
            (iv)      -------
            (v)       ------
            Major Penalities
            (vi)      ------
            (vii) ------
            (viii) Compulsory retirement.
            (ix)      -------
            (x)       -------

Explanation:- The following shall not amount to a penalty
within the meaning of this rule, namely:-

            (i)       ------
            (ii)      ------
            (iii)     ------
 RSA No. 103 of 2005                       4

            (iv)      ------
            (v)       ------
            (vi)      compulsorily retirement of a Government employee in

accordance with the provisions relating to his superannuation or retirement.

A perusal of the aforesaid provisions of law reflects that both

these provisions are on a separate pedestal; one which contemplates

compulsory retirement of a Government employee in accordance with

provisions relating to his superannuation, retirement or based on the opinion

of the employer who wants to weed out the dead wood and the other ie.

Rule 4 in which compulsory retirement is contemplated as a major

punishment. Both these Rules being independent of each other cannot be

read into each other. There is no denial to the fact that the appellant was

proceeded against departmentally and held guilty of mis-appropriation and

after issuing proper show cause notice and complying with other legal

niceties, he was awarded the major punishment of compulsory retirement by

resorting to the provisions of Rule 4. He is, thus, clearly precluded from the

benefits of Rule 5.32A. A delinquent employee who suffers a major

punishment for his acts and conduct during the tenure of his service cannot

expect to be rewarded of other benefits and more so when the Rule prohibits

the grant of such a benefit. It has further been contended by learned counsel

for the appellant that according to Rule 6.162 there is no bar to his being

granted the pension.

I am afraid that this contention is totally misplaced. Rule 6.16

is also extracted hereunder:-

“6.16. For Government employees referred to in

rule 1.2-BH, the amount of superannuation, retiring, invalid and

compensation gratuity and pension will be the appropriate
RSA No. 103 of 2005 5

amount, set out in the table below, and no additional or special

Additional Pension will be granted:”

The aforesaid Rule contemplates the manner and mode in

which the compensation, gratuity and pension and the appropriate amount to

be awarded is to be given in cases of employees referred to in Rule who

sunperannuate, retire or are invalidated etc. It nowhere contemplates the

grant of pension to delinquent employee who suffers major punishment.

Thus, no ground to interfere is made. That apart no substantial question of

law has been shown to have arisen for the consideration of this Court and

the appeal being devoid of any merit is hereby dismissed.

March 25 , 2009                               (Mahesh Grover)
rekha                                            Judge