'Shocking, Absolutely Arbitrary': High Court Imposes ₹2 Lakh Fine On Haryana Govt For Demoting Retired Employee

Finding it "strange and shocking", the Punjab & Haryana High Court has imposed a cost of Rs. 2 lakh on the Haryana Government for asking its employee to pass a typing test after he retired from the post of Lower Division Clerk (LDC). The State demoted him to Chowkidar post-retirement because he failed to pass the "mandatory test."

Justice Jasgurpreet Singh said, "The action of the respondents is absolutely arbitrary and shocking wherein a letter was issued by an Officer of the rank of Chief Engineer directing the husband of the petitioner to pass a typing test after the retirement otherwise he will be reverted and thereafter the aforesaid action was acted upon. Therefore, the action of the respondents was ex facie illegal."

The Court added that It is a settled law that after the retirement of an employee, the master and servant relationship ceases to operate. If any action is required to be taken after the retirement of an ex-employee, then the same can always be taken when there is an express authority of law and provision of law.

"In other words, an action can be taken against a retired employee only when the law permits to do so in a particular fashion but not in such like arbitrary and capricious manner," said the judge.

The Court was hearing a plea of a widow for quashing the letter issued by Haryana Power Generation Corp. Ltd., whereby the pension of her husband was reduced by the respondents and an amount of over Rs.5.65 lakh was sought to be recovered from him.

Facts In Brief

Petitioner's husband was working as a Chowkidar in the respondent corporation and was thereafter promoted to the post of Lower Division Clerk (LDC) in 1989. There was a condition under the Rules that a person, who was promoted, had to pass a typing test within a specific period.

Repeatedly, the petitioner's husband was informed with regard to the aforesaid passing of the typing test and the husband of the petitioner had also been seeking exemption but neither he passed the typing test nor any exemption was granted to him and ultimately he retired in 2012.

It was after his retirement, that the Chief Engineer wrote a letter to the husband of the petitioner in 2013 directing him to pass the mandatory typing test within a period of three months otherwise he would be reverted to the post of Chowkidar. 

The employee could not pass the test and his pension and pensionary benefits were refixed. 

Thereafter, the husband of the petitioner died in 2018 and the family pension and other benefits of the petitioner, who is a widow, were also fixed on the basis of the salary of her husband as Chowkidar. 

After hearing the submissions, the Court noted, "when the husband of the petitioner was in service although there might have been a provision for passing of the typing test for the purpose of getting promotion or even after the promotion within the time limit otherwise as per the Rules, he might have been reverted but it is a case where the husband of the petitioner was never reverted while he was in service and he retired as LDC." 

Justice Puri highlighted that "it is very strange and shocking to read the language...which has been issued by an Officer of the rank of Chief Engineer wherein he directed the petitioner to pass the typing test after his retirement otherwise he will be reverted and thereafter, he was actually reverted although there is no order of reversion on record but it is an admitted position.Thereafter, the entire benefits were recalculated to that of the post of Chowkidar."

The Court also observed that, when there is no provision of law or no authority of law or such kind of reversion being made after the retirement and directing the retired employee to pass a typing test, "the action of the respondents is arbitrary, ex facie illegal and therefore, is liable to be set aside."

Violation Of Constitutional Rights

The Court said that the widow had to knock on the doors of this Court for the purpose of enforcing not only her Statutory Rights but also her Constitutional Rights envisaged under Article 300-A of the Constitution of India.

In light of the above, the Court directed to refix the pension and all the pensionary benefits starting from the time when the husband of the petitioner had retired to the post of LDC and to grant all the consequential benefits to the petitioner, who is his widow, with regard to the benefits which the husband of the petitioner was entitled as LDC along with interest @ 6% per annum.

"The recovery, if any, made either from the petitioner or from her husband, shall be refunded back to the petitioner with interest @ 6% per annum (simple) within the aforesaid period of three months from today. Similarly, the family pension and pensionary benefits and other retiral benefits of the petitioner shall also be refixed as if the husband of the petitioner had retired on the post of the LDC and pay to the petitioner along with interest @ 6% per annum...," the Court added.

While disposing of the plea, the Court opined that "The petitioner being a widow would be entitled for costs of Rs.2,00,000/- (Rupees Two Lacs Only) which shall also be paid by respondents to the petitioner within the aforesaid period of three months."

Mr. Rajesh Goyal, Advocate, for the petitioner.

Mr. Bhupinder Gupta, Advocate for Mr. G.S. Madaan, Advocate, for the respondents.

Maya Devi v. State of Haryana and others

2024 LiveLaw (PH)  239

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