02-06-2025
HC freezes one-third salary of Punjab health secretary in pension row
The Punjab and Haryana High Court has recently ordered the attachment of one-third of the salary of the Principal Secretary, Health and Family Welfare, Punjab, until compliance is ensured with a prior court judgment granting pension benefits to retired Senior Lecturer Dr Parveen Parkash.
Parveen Parkash, who retired from Guru Gobind Singh Medical College and Hospital, Faridkot, had initially approached the court through his advocate Abhilaksh Gaind, filing a contempt petition to address the non-implementation of a July 13, 2023, high court judgment. That judgment had directed his promotion/redesignation as Senior Lecturer, effective from August 16, 1991, with corresponding revisions to his pension and retiral benefits. Despite this order, Parkash alleged that the promised benefits remained unfulfilled.
The dispute escalated during a resumed hearing on March 5, 2025, when the state counsel assured the court that arrears of pension from April 1, 2017, to June 30, 2021, along with leave encashment differences, would be released within three weeks. Relying on this undertaking, the contempt petition was withdrawn.
However, the court had cautioned that failure to comply would allow the petitioner to revive the petition, with the erring officer liable to pay Rs 50,000 in costs from their personal funds.
Despite this warning, the arrears were not released, and the leave encashment was erroneously calculated based on the 5th Pay Commission's pay scale, while Parkash's pension had been revised under the 6th Pay Commission. This discrepancy prompted Parkash, represented by advocates Abhilaksh Gaind and Rakesh Roy, to file an application to revive the contempt petition, citing a false statement made to the court.
Parkash contended that his arrears of pension from April 1, 2017, to June 30, 2021, and the difference in leave encashment were not correctly calculated or released. He highlighted that the leave encashment was computed based on the 5th Pay Commission's pay scale of Rs 72,380, whereas his pension was revised to Rs 1,91,400 under the 6th Pay Commission effective January 1, 2025. This discrepancy, he argued, led to an underpayment of Rs 3,00,812 instead of the entitled Rs 9,88,645.
Expressing serious concern over the state's conduct, Justice Harkesh Manuja remarked, 'It does not appear to be a bona fide error on the part of the non-applicant/respondent, as such the applicant-petitioner is unnecessarily compelled to approach this Court by filing the revival application.'
Consequently, the court attached one-third of the Health Secretary's salary until compliance is achieved, directing the IAS Branch, Punjab Civil Secretariat, Chandigarh, to enforce the order. The matter is now adjourned to July 28, 2025, for further proceedings, with the case placed on the urgent cause list.
