Narinder Kumar & ORS v. State Of Punjab & ORS

CWP-17732-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-17732-2016 Date of Decision: October 07, 2016 Narinder Kumar and others .....Petitioners

Versus

State of Punjab and others ......Respondent CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDIP AHLUWALIA 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No 3.

Whether Reporters of local papers may be allowed to see the judgment? Yes/No 4.

To be referred to the Reporters or not?

Yes/No 5.

Whether the judgment should be reported in the Digest? Yes/No.

.......

Present:

Mr.Anil Kumar Spahia, Advocate for Mr.Sunny Singla, Advocate for the petitioner.

Mr.Rajesh Bhardwaj, Addl.AG, Punjab.

........

SURYA KANT, J.

Petitioners are retired employees of different Municipalities in the State of Punjab. Retirement dates of all the petitioners are different as find mentioned in Annexure P1, and all of them have held pensionable posts. They are claiming upgraded revision of their pension and other retiral benefits in terms of Punjab Government decision whereunder pay scales of in-service employees have been further revised w.e.f. 01.12.2011. The benefit of those revised pay scales towards pension has not been granted to the petitioners as all of them retired from service before 01.12.2011. Learned counsel for the petitioners submits and he appears to be Meenu 2016.10.19 10:14 I attest to the accuracy and authenticity of this document chandigarh right in contending that the controversy regarding petitioners' claim has been

CWP-17732-2016 -2answered in their favour by this Court vide judgment dated 31.08.2016 rendered in LPA No.352 of 2014 (State of Punjab and others vs A.P.Sharma and others) and other connected appeals. In the cited decision this Court has held as follows:- "36.

As a result of the above discussion, it is held that the circular dated 15.12.2011 is retroactive in nature and the benefit of fixation of higher pay of various categories of employees is bound to have its positive effect on the pension of pre-01.01.2006 retiress.

XXX XXX XXX 38.

As regard to the connected writ petitions, we have not gone into the merits of the individual claims. Those writ petitions are disposed of in terms of the decision in the lead case with a direction to the authorities to verify the claim of each petitioner and if found covered vide this judgment, let the consequential benefits be granted to them as well." Since we have not gone into the individual's claims of the writ petitioners, the respondent-authorities are directed to verify the claim of each one of them and if found covered under the cited judgment, let the consequential benefits be granted within a period of four months from the date of receipt of a certified copy of this order. A copy of this order be given to learned State counsel for information and necessary compliance.

(SURYA KANT) JUDGE October 07, 2016 (SUDIP AHLUWALIA) meenuss JUDGE Meenu 2016.10.19 10:14 I attest to the accuracy and authenticity of this document chandigarh