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High Court of Punjab and HaryanaCWP/34010/2024disposed of

Vinod Bala And Others v. The Secretary To Government Of Punjab Department Of Finance

2024-12-17Mr. Justice Namit Kumar3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 17.12.2024 Vinod Bala and others ....Petitioners

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:

Mr. Mukesh Arora, Advocate for the petitioners.

NAMIT KUMAR J. (Oral) 1.

Prayer in this writ petition filed by the petitioners under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of mandamus, directing the respondents to release the payment of arrears of revised pay/pension to the pensioners/retirees of Punjab State Power/Transmission Corporation Limited for the period from 01.01.2016 to 30.06.2021 on the basis of Sixth Punjab Pay Commission Report, implemented by the Department of Finance, Govt. of Punjab and adopted by respondent authorities i.e. Punjab State Power Corporation Limited along with interest @ 18% per annum. Further prayer has been made to direct the respondents to revise and refix the pension of the petitioners by taking into account 125% D.A. instead of revision done currently by adding 113% in the formula devised for revision of pension and further to grant 15% increase in pension w.e.f. 01.01.2016 along with all consequential benefits of pension/family

pension as on 31.12.2015 along with arrears w.e.f. 01.01.2016 till 30.06.2021 along with interest @ 18% per annum, especially in view of the circumstances as enumerated in the writ petition and also the benefit of multiplication factor of 2.59 on the basic pay as on 31.12.2015 w.e.f. 01.01.2016.

2.

Learned counsel for the petitioners submits that the petitioners retired from service on attaining the age of superannuation prior to 01.01.2016. However, their arrears of revised pay/pension and other retiral benefits w.e.f. 01.01.2016 to 30.06.2021 based on the recommendations of the Sixth Pay Commission have not been paid. Learned counsel for the petitioners submits that at this stage, the petitioners would be satisfied, if the representation dated 16.08.2024 (Annexure P-5) is considered and decided by passing a speaking order in a time bound manner.

3.

Notice of motion.

4.

Mr. Rajesh Sehgal, Addl. A.G., Punjab, accepts notice on behalf of respondents No.1 and 2 and Mr. Jatinder Singh Gill, Advocate, accepts notice on behalf of respondents No.3 to 7 and have no objection to the innocuous prayer made by learned counsel for the petitioners. 5.

I have heard learned counsel for the parties and have gone through the record of the case.

6.

Without expressing any opinion on the merits of the case or the claim being made by the petitioners in the present petition, respondent No.4 is directed to consider and decide the claim made by

the petitioners in representation dated 16.08.2024 (Annexure P-5) in accordance with law, by passing a speaking order within a period of three months from the date of receipt of certified copy of this order. In case, the petitioners are found entitled, necessary benefits be released to them within a period of three weeks thereafter. 7.

The petition stands disposed of.

(NAMIT KUMAR) JUDGE 17.12.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No