Punjab-Haryana High Court
State Of Punjab And Another vs Palwinder Singh And Others on 11 November, 2024
Author: Lisa Gill
Bench: Lisa Gill
Neutral Citation No:=2024:PHHC:146554-DB
LPA-199-2022 (O&M) :1:
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
103 LPA-199-2022 (O&M)
Date of Decision: 11.11.2024
STATE OF PUNJAB AND ANOTHER
....Appellants
VERSUS
PALWINDER SINGH AND OTHERS
....Respondents
CORAM: HON'BLE MRS. JUSTICE LISA GILL
HON'BLE MR. JUSTICE DEEPAK GUPTA
Present: Mr. R. S. Pandher, Senior DAG, Punjab
for appellants.
Mr. Sunny Singla, Advocate
for the respondents.
*****
LISA GILL, J.(Oral)
1. Prayer in this appeal is for setting aside order dated
18.12.2019, passed by learned Single Bench, whereby CWP-22259-2016
filed by respondents (writ petitioners) has been allowed in terms of CWP
No.7239 of 2015 and letter dated 06.01.2015 passed by the Department
of Finance Punjab, has been quashed.
2. Learned Single Bench while deciding bunch of 89 cases
including the writ petition filed by respondent-writ petitioners directed
as under:-
"19. In view of the above, these writ petitions are allowed.
Letter dated 06.01.2015 issued by the Punjab Government, Finance
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Neutral Citation No:=2024:PHHC:146554-DB
LPA-199-2022 (O&M) :2:
Department (Finance Pension Policy & Co-ordination Department) is
hereby quashed.
20. Since the Division Bench of this Court vide order dated
09.07.2014 passed in LPA No. 1857 of 2013 had set aside the
judgment of the Single Judge dated 16.08.2013 to the limited extent of
conferring the benefit of the letter dated 15.12.2011 w.e.f. 01.01.2006
with a direction to re-consider the issue and take a fresh decision with
regard to the date of implementation of the decision contained in the
letter dated 15.12.2011 which cut off date i.e. 01.12.2011, as fixed by
State of Punjab in its letter dated 06.01.2015, has been quashed, the
employees, who had retired w.e.f. 01.01.2006 and fulfil the
requirements of letter dated 15.12.2011, shall be entitled to the benefit
of the letter dated 15.12.2011. This is being so held in the light of the
fact that the cut off date, as fixed by the State, has failed to pass the
test as laid down by the Single Bench in its judgment dated
16.08.2013, which had been upheld by the Division Bench of this
Court in its judgment dated 09.07.2014 as reproduced and
summarized in the earlier part of this judgment.
21. Let the consequential benefits be released to the eligible
petitioners and similarly placed retired employees within a period of
four months from today."
3. Admittedly, writ petitioners in the instant case had all
retired before 01.01.2006. Prayer in the writ petition is for directing
respondent-Department to revise the pension of said petitioners who had
retired prior to 2006 by delinking revised pension from qualifying
service of 33 years in terms of memo dated 06.04.2016. No such
direction as prayed for has been issued vide impugned order dated
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Neutral Citation No:=2024:PHHC:146554-DB
LPA-199-2022 (O&M) :3:
18.12.2019 which gives rise to cause of action to appellants for filing of
the present appeal.
4. Learned counsel for appellants as well as respondent-writ
petitioners do not deny that no such benefit as claimed in the writ
petition was afforded vide impugned order dated 18.12.2019, passed by
learned Single Bench, which calls for filing of this appeal.
5. Keeping in view the facts and circumstances as above, this
appeal is dismissed being devoid of any merit, Pending application(s), if
any, stand(s) disposed of accordingly.
(LISA GILL)
JUDGE
(DEEPAK GUPTA)
JUDGE
11.11.2024
Rimpal
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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