Judgment:
R.S.A No.4207 of 2012 (O&M) -1- IN THE COURT OF PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH -.- R.S.A No.4207 of 2012 (O&M) Date of Decision:2nd April, 2013.
State of Haryana & Ors......Appellants Versus Krishan Kumar ......Respondent.
CORAM: HON'BLE Mr.JUSTICE A.N.JINDAL Present:- Mr.Ajay Gupta, Addl.
A.G., Haryana, for the appellants.
Ms.Promila Nain, Advocate, for the respondent.
A.N.Jindal, J (Oral) C.M.No.11618 of 2013 For the reasons stated in the application, delay in filing the appeal is condoned.
C.M is allowed.
R.S.A No.4207 of 2012 Both the Courts below gave concurrent findings of the fact that the plaintiff is entitled to get pension as per senior pay scale of Rs.10,000- 13900 being corresponding scale of Rs.2200-4000 held by the plaintiff at the time of retirement i.e.31.3.1987.
The appellants-defendants were also directed to release the arrears of pension accordingly to the plaintiff within two months with interest @ 12% per annum from the date of accural till R.S.A No.4207 of 2012 (O&M) -2- realization.
Hence this is a regular second appeal by the State.
The plaintiff was promoted to the rank of DSP on 9.12.1986 and he was retired on 31.12.1987 after completing regular satisfactory service in senior time scale, which was given to him, vide order dated 8.10.1990, with the retrospective effect from 9.12.1986.
The aforesaid senior time scale for the post of DSP was revised to Rs.3000-4500/- w.e.f.1.5.1989 and the pay of junior time scale DSP with less than 5 years service was revised from 2000-3500 to Rs.2200-4000 w.e.f.1.5.1989 vide letter No.6/38/3PR (FD) 87 dated 16.5.1989.
Previously the pay scale of senior time DSP was revised to Rs.2200-4000 and that of junior time scale DSP Rs.2000-3500 w.e.f 1.1.1986.
The pay scale of the senior time scale DSP was further revised to the tune of Rs.10000-13900 vide Haryana Government Gazette notification GR/4/CONST/ART 309/98 dated 7.1.1998 and that of junior time scale DSP was revised to Rs.8000-13500.
The plaintiff further averred that on the implementation of the 5th pay commission report the pension of senior times scale DSP was to be fixed @50% of the minimum scale of pay i.e.Rs.10,000 – 13,900 @ Rs.5000/- w.e.f.1.1.1996 for those who retired from service between 1.1.1986 & 31.12.1995.
On the contrary the pension of plaintiff was fixed wrongly in the pay scale of Rs.8000-13500 which was meant for junior time scale DSP.
It was further averred that corresponding pay scale of the senior times scale DSP i.e.Rs.2200-4000 held by him w.e.f.9.12.1986 was revised to Rs.10,000 – 13,900 w.e.f.1.1.1996, therefore, he was entitled to receive his pension in the said pay scale.
Haryana Government Employees Retired R.S.A No.4207 of 2012 (O&M) -3- prior to 1979 and 1986 were given the benefits of pension w.e.f.1.1.1996 after fixing their pay on nominal basis in the higher pay scales previously revised w.e.f.1.1.1979 and 1.1.1986 although they had never drawn their pay in those scales.
It was further averred that one Tilak Raj DSP, was granted pension and arrears for pension as senior time scale DSP in the pay scale of Rs.10,000 – 13,900 w.e.f.1.1.1996.
Consequently, he has claimed pension in the aforesaid revised pay scale.
Upon notice, the case was contested by State denying all the allegations.
Learned State counsel has stated that plaintiff was not entitled to the pension in the scale as claimed by him.
The judgment passed by Additional District Judge, Faridabad is very elaborate, speaking to the volumes and has been relied upon the judgment delivered by this High Court on 2.3.2007 in Rs.No.2304 of 2006 titled as State of Haryana & ORS.versus Tilak Raj.
not only this, this judgment was challenged before the Apex Court by way of Special Leave to appeal , which was dismissed on 21.1.2008.
The case of the plaintiff is covered by the said judgment.
No substantial question of law arises for determination.
Dismissed.
(A.N.JINDAL) April 2, 2012.
JUDGE tripti