Court pulls up Punjab State Power Corporation for recovering Rs 9.20 lakh from disabled clerk’s retiral dues

Justice Harpreet Singh Brar noted that the man was a physically handicapped person, having suffered amputation of the fingers and thumb of his right hand during childhood.

The high court was hearing a petition filed by Singh, who sought exemption from the computer literacy test and challenged the corporation’s decision to recover Rs 9.20 lakh from his pensionary and retiral benefits. 

‘Over 25 years of service’

• It was claimed that the man was a physically handicapped person, having suffered amputation of the fingers and thumb of his right hand during childhood. The counsel placed on record the disability certificate to confirm the same. 
• It was submitted that despite his disability, the petitioner was initially engaged as a daily wage worker on October 26, 1998 and, considering his long and satisfactory service, he was subsequently regularised as bill distributor on July 7, 1999 by counting his past service. 
• It was further submitted that the petitioner was promoted to the post of lower division clerk by an order dated July 23, 2012, subject to the condition of passing the computer literacy test within a period of one year. It was contended that keeping in view the disability suffered by the petitioner, he was granted exemption from the said requirement upon attaining the age of 50 years.

• However, the said exemption was arbitrarily withdrawn by a letter dated June 21, 2023, without assigning any valid justification. 
• Singh retired on December 31, 2023. The petition stated that after his retirement, the corporation withdrew annual increments granted after his promotion and recovered Rs 9.20 lakh from his pensionary and retiral benefits without issuing a show-cause notice or providing an opportunity of hearing.

Deviation will be penalised 

The court observed that the issue involved in the present case is no longer res integra (a whole or untouched matter)  in view of the judgment rendered by the court in another case.

The high court disposed of the petition with a direction to the corporation to complete the exercise of re-fixation of pension and release all consequential arrears within three months. 

The court also warned that any future deviation from the settled legal position may invite appropriate orders, including imposition of exemplary costs.

Recovery refunded 

Advocate A K Walia, representing the petitioner, argued that the corporation itself issued an office order dated February 12, adopting the state government instructions granting total exemption from passing the computer literacy test to employees suffering from disabilities. 

It was also argued that the controversy involved in the present petition was squarely covered by the judgment rendered by this court in another case decided on March 12.

Appearing for the corporation, advocate Ferry Sofat submitted that the said action challenged in the present petition has since been withdrawn. 

It was further submitted that the amount recovered from the petitioner has already been refunded and a sum of Rs 10.37 lakh has been credited to the bank account of the petitioner along with interest. 

The counsel further submitted that the pension of the petitioner should be re-fixed in accordance with law and all consequential arrears arising therefrom should also be released within a period of three months.