High Court of Punjab and HaryanaCWP/10072/2016allowed

H.C. Nagpal And ORS v. State Of Haryana And ANR

2020-01-30Ms. Justice Nirmaljit Kaur2 pages

CWP-10072-2016 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.10072 of 2016 (O&M) Date of Decision: 30.1.2020 Dr. H.C. Nagpal and others .....Petitioners

Versus

The State of Haryana and another ........Respondents

CORAM:

HON'BLE MS. JUSTICE NIRMALJIT KAUR

Present:

Mr. R.K. Chopra, Sr. Advocate with Mr. Gitesh Sharma, Advocate, for the petitioners. Mr. Gaurav Jindal, Additional Advocate General, Haryana. NIRMALJIT KAUR, J. (Oral) The present writ petition is filed for counting the Non Practising Allowance (for short 'NPA') for the purpose of calculation of pension after treating the NPA as part of the pay of the petitioners. This Court vide order dated 27.1.2020 passed in CWP-265442016 titled as R.L. Jain and others vs. State of Haryana and others, has already allowed the similar writ petition as under:- "In view of the above, the present writ petition is allowed.

The respondents are directed to revise the pension of the petitioners by including NPA for the purposes of revised pension and pay full pension to all the petitioners irrespective of the date of retirement even if they have not completed 33 years of service in terms of the judgment rendered in the case of K.C.Bajaj (supra), Dr. G.S. Narula (supra) as well as the instructions dated 6.4.2016 (Annexure P-3), which are stated to have been adopted by the Haryana Government." After hearing learned counsel for the parties, this Court is satisfied that the present writ petition is squarely covered by the aforesaid SHARMILA DEVI 2020.01.

CWP-10072-2016 (O&M) -2judgment.

Accordingly, the order dated 2.12.2014 is set aside. The respondents are directed to revise the pension after treating the NPA as part of the pay of the petitioners. Arrears be paid within two months from the date of receipt of certified copy of this order. The present writ petition is allowed accordingly. (NIRMALJIT KAUR) JUDGE 30.1.2020 sharmila Whether Speaking/Reasoned :

Yes/No Whether Reportable :

Yes/No SHARMILA DEVI 2020.01.31 12:22 I attest to the accuracy and integrity of this document phhc