Chaman Lal v. State Of Punjab And Others
CWP-13997-2021 - 1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CWP-13997-2021 Date of decision: 05.02.2025 CHAMAN LAL ....Petitioner
Versus
STATE OF PUNJAB AND OTHERS
...Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :
Mr. Yagsimant Attri, Advocate for the petitioner.
***** AMAN CHAUDHARY, J. (ORAL) 1.
Prayer made in the present petition is for directing respondents to grant revised pension/family pension in the pay scale of Rs.15600-39100 + 5400 grade pay + Sectt. Pay of Rs.2000/- effective from 01.12.2011. 2.
Learned State counsel has produced the copy of judgment dated 14.11.2024, passed in CWP-11256-2021, titled as Parkash Chand Beri Vs. State of Punjab and Others, wherein, the issue as involved in this case has been dealt with and decided against the petitioner, which his learned counsel despite best efforts was unable to controvert regards the factual position and draw out any distinctive aspects in the aforementioned judgment or cite any contrary law, the relevant paras whereof read thus:- "I have heard learned counsel for the parties and have gone through the record with their able assistance.
5. The only question to be decided in the present writ petitions is whether, the fixation of the pension of the petitioner at Rs.11,000/- is in consonance with the Clause 4.2 of the Instructions dated AMANDEEP GOSAIN 2025.02.11 06:42 I attest to the accuracy and integrity of this order/judgment
CWP-13997-2021 - 2- 17.08.2009 (Annexure P-1). Clause 4.2 is as under: " 4.2 The fixation of Pension will be subject to the provision that the revised pension, in no case, shall be lower than fifty percent of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the pensioner had retired. This will be reduced pro-rata if the qualifying service of the person falls short of 33 years.
5. By applying the said clause, on the pay scale of Rs.15,600- 39100/- + 5400 Grade Pay, the petitioner is entitled for minimum of pension as Rs.10,500/- whereas, the petitioner is already being granted the pension of Rs.11,000/- which is more than 50% of the minimum of the pay scale + grade pay.
6. Learned counsel for the petitioner has not been able to dispute the said fact.
7. Keeping in view the above that the pension of the petitioner is in consonance with Clause 4.2, hence, no further order is required to be passed in the present writ petitions.
8. The present writ petitions are disposed of in above terms.
9. Civil miscellaneous application pending if any, also stands disposed of.
10. A photocopy of this order be placed on the file of other connected case.
3.
Disposed of in terms of the aforesaid decision rendered in Parkash Chand Beri (supra).
(AMAN CHAUDHARY) JUDGE 05.02.2025 Amandeep Whether speaking/reasoned :
Yes / No Whether reportable :
Yes / No AMANDEEP GOSAIN 2025.02.11 06:42 I attest to the accuracy and integrity of this order/judgment