Punjab-Haryana High Court
Dilbag Singh vs State Of Haryana & Ors on 21 July, 2022
CWP-13747-2016 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP-13747-2016
Date of Decision: July 21, 2022
Dilbag Singh
...Petitioner
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. Ramesh Goyat, Advocate,
for the petitioner.
Mr. Harish Nain, AAG, Haryana.
HARSIMRAN SINGH SETHI, J. (Oral)
The present petition has been filed with a prayer that the
pension admissible to the petitioner be re-fixed by taking the Grade Pay of
Rs.4,000/- instead of Rs.3,600/-, which has been taken into account while
computing the pensionary benefits admissible to the petitioner.
Learned counsel for the petitioner argues that it is undisputed
fact that at the time when the petitioner attained the age of superannuation,
he was drawing the pay in the pay scale of Rs.5,200 - 20200 + Grade Pay of
Rs. 4,000. Learned counsel submits that once the last drawn pay of the
petitioner was in the said pay scale, the same has to be taken into account for
computing the pensionary benefits of the petitioner.
After notice of motion, the respondents have filed the written
statement stating that the petitioner was getting the said pay scale as a
measure personal to him, keeping in view the instructions issued by the
Finance Department, Haryana, vide letter dated 27.08.2014. Hence, while
PRASHANT KAPOOR
2022.07.26 11:22
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authenticity of this
order/judgment
fixing the pension, the actual Grade Pay admissible to the said pay scale,
which is admissible to the post on which the petitioner was discharging
duties at the time of his retirement, is to be taken into account, according to
which, the Grade Pay attached to the post was Rs.3,600/-. Learned State
counsel submits that any pay which the petitioner was drawing personal to
him, cannot be made part for computing the pensionery benefits.
I have heard learned counsel for the parties and gone through
the record with their able assistance.
Once it is a conceded position that at the time when the
petitioner retired from service, i.e. from the post of Mechanic, he was
drawing his pay in the pay scale of Rs.5,200 - 20200 + Grade Pay of Rs.
4,000, the same has to be taken into account for computing the pensionery
benefits of the petitioner.
As far as the argument of learned State counsel that the
technical pay scale admissible to the post on the petitioner was working, was
only having Grade Pay of Rs. 3,600/-, which can only be taken into account
for computing the pensionery benefits, it is held that once the respondents
themselves while issuing instructions/letter dated 27.08.2014 held that the
employees who were already getting upgraded pre-revised pay scale, shall
be allowed to continue to draw those pay scales as a measure personal to
them, hence the said pay scale which was actually being drawn by an
employee at the time of retirement has to be taken into account for
computing the pensionery benefits. Even if a pay scale is allowed to an
employee as a personal measure, it is not that the same will only be
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2022.07.26 11:22
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authenticity of this
order/judgment
applicable till the employee remain in service. Benefit of the said pay scale
which has been extended by the respondents themselves while the petitioner
was in service and the petitioner continue to draw his salary in the Grade
Pay of Rs. 4,000/- upto the date of retirement, same has to be taken into
account even for computing the pensionery benefits.
Learned State counsel has conceded the fact that the Grade Pay
of Rs.4,000/- was being drawn by the petitioner while he was in service, at
the time of retirement. That being so, even if the said Grade Pay was being
drawn by the petitioner as a measure personal to him, the same has to be
made applicable even for computing the pensionery benefits.
In view of above, the claim of the petitioner as raised in the
present petition is allowed. The respondents are directed to re-compute the
pensionery benefits of the petitioner by taking into account the Grade Pay of
Rs.4,000/-, which the petitioner was drawing at the time of retirement in the
pay scale of Rs.5,200 - 20200, as a measure personal to him. Let the re-
computation of the pension of the petitioner take place within a period of
two months from receipt of a copy of this order and the difference of amount
for which the petitioner is found entitled for, be released to him within a
period of next four weeks.
No further argument was raised by learned counsel for the
petitioner.
(HARSIMRAN SINGH SETHI)
JUDGE
July 21, 2022
Pkapoor Whether Speaking/Reasoned: YES/NO
Whether Reportable: YES/NO
PRASHANT KAPOOR
2022.07.26 11:22
I attest to the accuracy and
authenticity of this
order/judgment
