High Court raps Punjab for treating Group D staff as ‘second-class citizens’

The Punjab and Haryana High Court has admonished Punjab and its local bodies for systemic neglect of their lowest-rung staff and treating the Group D employees as “second-class citizens” before issuing a sweeping directive to all three administrations — Punjab, Haryana and Chandigarh — to ensure speaking orders in service matters to curb avoidable litigation.

“Much to the chagrin of this court, the respondents appear to be unbothered with the plight of its Group D employees in consonance with the unfortunate trend of treating the employees at the bottom of the pyramid as second-class citizens,” Justice Harpreet Singh Brar asserted.

In his direction aimed at structural reform across all tiers of local government, Justice Brar asserted: “It appears to be the need of the hour to call upon the administrative in-charge/secretary, department of local government for the States of Punjab and Haryana and Union Territory of Chandigarh to issue necessary orders mandating passing of speaking orders while dealing with service issues in order to avoid unnecessary litigation.”

The Bench also allowed with Rs 50,000 costs the retirement benefits plea of a helper with municipal corporation. “This court finds it appropriate to impose Rs. 50,000 costs upon the respondents for the unnecessary delay in disbursing the due retirement benefits. The respondents would be at liberty to fix responsibility of the erring officer and recover the amount…,” the Bench asserted.

Justice Brar’s Bench was told that petitioner Dilbagh Singh retired as a helper after over 36 years of service, including his stint as a daily wage and work-charge employee, but he received only leave encashment and a part of GPF. His pension, gratuity and other retirement dues remained unpaid, despite clear binding law. The respondent-authority rejected his claim solely based on the opinion of the Legal Advisor to Gurdaspur Municipal Council.

“The petitioner retired as a Helper, a Group D post, over a year ago and yet he has been compelled to run from pillar to post for grant of his retirement benefits. Pension and other retirement benefits do not possess a gratuitous nature. Rather, such benefits accrue to the retiree by virtue of dedicated service rendered by him to his employer for a significant portion of his life,” Justice Brar observed.

Rapping administrative apathy, Justice Brar made it clear that delay violated dignity. “The intention behind grant of pension and other retirement benefits, especially in a welfare State like ours, is to provide the retirees and their families the tools to live a life of dignity. Despite constitution of an Empowered Committee under the Punjab Dispute Resolution & Litigation Policy–2020, notified vide notification dated June 25, 2020, the inexplicable administrative apathy has caused the petitioner to engage a counsel and enter into a third round of litigation causing further financial distress,” Justice Brar asserted.

The court added that the retirees, more often than not, relied on pension, gratuity etc., for their very survival. Denying or delaying the benefits would force such retirees and their families into a life of

 Ill-deserved poverty, directly violating their right to live a dignified life. 

Before parting with the order, Justice Brar directed the respondents to count the past service from initial appointment as qualifying service for his pension and pay 6 per cent per annum interest on the remaining amount of retirement benefits from retirement in October 2024 till actual payment.”