H.C allows pensionary benefits to Haryana man afte 26 years. Too late! Man & wife no more
CHANDIGARH: Quarter of a century after an employee of Haryana electricity department sought legal help for grant of pensionary benefits, neither he nor his wife are alive to enjoy the benefits granted to him after intervention of the Punjab and Haryana high court.
Shri
Niwas, an employee of Haryana Vidyut Prasaran Nigam Limited (earlier known as
Haryana State Electricity Board) had filed a petition in the high court in 1998
and sought directions to the Haryana government to grant him pensionary
benefits after his retirement.
However,
his case has led the high court to issue directions to the Haryana chief
secretary to compile a list of all such cases from all the government
departments so that they can be decided expeditiously.
With
regard to the cases which are admitted in the court and old cases in which even
paper-books are not available with the organisations/state public sector
undertakings, the HC has granted liberty to all the public sector
undertakings/state organisations to seek a copy of the paper-book from the
registry of the high court by routing their applications through the office of
the Haryana advocate general.
The HC
has asked Haryana to file a compliance report after two months "on the
larger issue" with regard to action taken on such other cases. Niwas's
case for grant of pensionary benefits was not cleared for one reason or the
other in spite of the fact that no inquiry or disciplinary proceedings were
pending against him. There was some dispute regarding his promotion and that is
why the board stopped his retiral benefits. A letter was issued by the
department on August 28, 1998 stating that the petitioner was ordered to be
retired as head clerk and not as circle superintendent.
After
being deprived of his retiral benefits, he approached the government with a
request that whatever pensionary benefits he is entitled to as per calculation
made by his office should be released so that he is able to carry on with
responsibilities towards his family.
Even this request was ignored and no action whatsoever was taken, after which he approached the HC asking, "whether pensionary benefits of an employee can be withheld for no rhyme and reason.CHANDIGARH: Quarter of a century after an employee of Haryana electricity department sought legal help for grant of pensionary benefits, neither he nor his wife are alive to enjoy the benefits granted to him after intervention of the Punjab and Haryana high court.
Shri Niwas, an employee of Haryana Vidyut Prasaran Nigam Limited (earlier known as Haryana State Electricity Board) had filed a petition in the HC in 1998 and sought directions to the Haryana govt to grant him pensionary benefits after retirement.
The Haryana govt made a statement in the HC that benefits have been granted in his case. The case was disposed of by the HC in view of the Haryana statement that benefits have been granted, but it is not clear whether the benefits have been issued to the legal heirs, if any, or have only been granted on paper. On May 22, the counsel of Shri Niwas told the HC that the petitioner and his wife have passed away.
However, his case has led the high court to issue directions to the Haryana chief secretary to compile a list of all such cases from all the govt departments so that they can be decided expeditiously.
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