Punjab-Haryana High Court
Ram Murti & Ors vs State Of Punjab And Ors on 5 July, 2022
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Sr. No.233 CWP No.3234 of 2018
Date of Decision: 05.07.2022
Ram Murti and others .... Petitioners
Versus
State of Punjab and others ... Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Ms. Riti Aggarwal, Advocate for
Mr. Sunny Singla, Advocate for the petitioners.
Mr. Navdeep Chhabra, DAG, Punjab.
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HARSIMRAN SINGH SETHI, J. (ORAL)
The claim raised by the petitioners in the present writ petition is
that they are entitled for revision of their pensionary benefits
w.e.f. 01.01.2006 or from the dates of their superannuation as the case may
be, keeping in view the law laid down by this Court in
CWP No. 25733 of 2012 titled as A.P. Sharma and others Vs. State of
Punjab and others, decided on 22.10.2013.
Upon notice of motion, respondents have appeared and in the
reply filed, a plea has been taken that the judgment in A.P. Sharma's case
(supra) relied upon by the petitioners to claim the benefit of re-fixation of
their pensionary benefits, is under challenge in LPA No. 352 of 2014 and
operation of the said order has been stayed and, therefore, no benefit of the
said judgment can be extended to the petitioners.
Learned counsel for the respondents very fairly admits that
LPA No. 352 of 2014 has already been dismissed by the Division Bench and
the judgment passed by the Coordinate Bench in A.P. Sharma's case
(supra) has been upheld.
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Learned counsel for the petitioners argues that after the
dismissal of LPA No. 352 of 2014, the respondent-State of Punjab has
issued Instructions dated 04.07.2019, whereby a direction has been given to
the various departments to consider the case of all the eligible employees in
pursuance to A.P. Sharma's case (supra) and pass appropriate orders
regarding their claim.
Learned counsel for the petitioners prays that it will be
appropriate that a direction is issued to the respondent-State to consider the
claim of the petitioners keeping in view the law laid down by this Court in
A.P. Sharma's case (supra) read with the Instructions dated 04.07.2019
issued by the Government of Punjab in a time bound manner and pass
appropriate orders regarding the claim of the petitioners for refixation of
their pension.
Learned counsel for the respondents raises no objection for
considering the claim of the petitioners as being prayed by learned counsel
for the petitioners and passing appropriate order in a time bound manner.
Accordingly, a direction is issued to respondent No. 1 to
consider the claim of the petitioners for revision of their pensionary benefits
keeping in view the law laid down by this Court in A.P. Sharma's case
(supra) read with Instructions dated 04.07.2019 issued by the Government
of Punjab on the same subject and pass appropriate speaking order within a
period of three months from the date of receipt of certified copy of this
order.
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In case, after passing of the said order, it is found that
petitioners are entitled for the benefits as being claimed by them for
refixation of their pension, the same be released to them within a further
period of two months.
Writ petition is disposed of in above terms.
(HARSIMRAN SINGH SETHI)
JUDGE
05.07.2022
Maninder
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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