CWP(T) No.7567/2008 03.09.2010 Present: Mr. Ashwani K. Sharma, Advocate for the petitioner. Mr. Rajesh Mandhotra, Dy. A.G. for respondents No.1 & 2 Petitioner has prayed for following reliefs:- “(i) That the impugned letters Annexures A-5 and A-6 may kindly be ordered quashed to the extent those are illegal and prejudicial to the interests of applicant and the respondents may kindly be directed to treat the applicant in service till 30.06.1996 for all intents and purposes and to fix his pension accordingly. The respondents may further be directed to grant all other consequential benefits to the applicant including the revised pension as admissible to him from due date. ii) That the respondents may be directed to produce the entire records pertaining to the case and further they may also be burdened with the costs of this Application.” 2. Annexure A-5 reads as under:- “Himachal Pradesh Public Works Department No.EXP-PWE-133-2(R&PR)/ES-III-7147-85 Dated 17.8.98 From Engineer in Chief Executive Engineer, Shimla Division No.III, HPPWD, Shimla. Executive Engineer, Hamirpur Division, HPPWD, Hamirpur. Executive Engineer, Bharwain Division, HPPWD, Bharwain. Executive Engineer, Kullu Division No.II, HPPWD, Kullu. Executive Engineer, Dharamshala Division, HPPWD, Dharamshala. Executive Engineer, Kangra Division, HPPWD, Kangra. Subject: Pension cases of Work-Charged employees brought on regular establishment –clarification thereof. Reference: This office letter No. No.PWE-133-2(R&PR)/ES-III-20708- 37 Dated 24.11.97. The Financial Commissioner-cum-Secretary(PW) to the Govt. of Himachal Pradesh has conveyed the approval of the Govt. vide this letter No. PBW-A-B(10)-1/97 dated 3.8.98 for the regularization of period of service rendered beyond the age of superannuation by the following officials : Sl. No. Name and designation Period regularized 1. S/Shri Gian Chand Work Inspector 1.3.95 to 30.9.96 2. Sukh Ram Store Clerk 1.4.96 to 31.10.96 3. Prem Chand Work Inspector 1.3.95 to 31.10.96 4. Sher Singh Work Inspector 1.7.95 to 31.10.96 5. Chaman Lal Work Inspector 1.11.95 to 30.6.96 6. Wazir Chand Work Inspector 1.10.95 to 31.5.96 7. Churu Ram Store Clerk 1.7.95 to 30.4.96 The approval in respect of Shri Mauji Ram, Work Inspector has already been conveyed to the Superintending Engineer, 8th Circle, HPPWD, Hamirour vide this office letter of even file No.26802-03 dated 5.3.98. While deciding the cases, you are advised that the period of overstayal in Government service beyond the date of superannuation may be treated as re-employment and pensionary benefits would be calculated with reference to the pay on the date of deemed retirement and pension will be paid from the date(s) they ceased to be in service. Sd/- Registrar, Himachal Pradesh, PWD, Shimla -171 001. Copy to Accountant General, H.P. Shimla-3 for information with reference to above. Copy to all the Chief Engineers in H.P.PWD, for information and necessary action. Copy to all the Superintending Engineer 4th Circle, H.P.PWD, Shimla, 5th Circle, H.P.PWD, Palampur, 6th Circle, H.P.PWD, Kullu and 8th Circle, H.P.PWD, Hamirpur, for information and necessary action., Copy to Superintendent ES-1 in this office for information and necessary action. Sd/- Registrar, Himachal Pradesh, PWD, Shimla -171 001.” 3. Annexure A-6 reads as under:- “OFFICE OF THE SENIOR DEPUTY ACCOUNTANT GENERAL (A&E) HIMACHAL PRADESH SHIMLA -171 003. No.Pen.2/C-20/96-97/16067-71 Dated 21.3.2000 To The Distt. Treasury Officer, Kullu (H.P.) Subject: Consolidation of Pension in r/o Sh. Chaman Lal Awasthi holder of PPO No.35016 –Drawing pension from S.B.I. Katrain. Sir, The H.P. Govt. vide their letter No.PBW A-B (10)-1/97 (copy enclosed) while regularizing the period beyond the date of superannuation has ordered that the (a) period of overstayal may be treated as re-employment (b) pensionary benefits calculated w.r.t. deemed date of retirement and (c) pension paid from the date they ceased to be in service. (2) In view of above you are requested to enter in both halves of PPO No.35016 the D.O.R. as 31.10.95 and the date of commencement of pension as 1.7.96. (3) Simultaneously the retiree may be treated as pre-1996 and the consolidation of pension may be done w.r.t. H.P. Govt. letter No. Fin (Pen) A(3)-1/96/Part-II dated 31.8.98. Annexure –II mentioned in the said order may also be sent to the Branch Officer Pension-I Section for updating the record of this office. Encl:- One Yours faithfully, Sd/- Sr. Accounts Officer Copy forwarded for information and necessary action (i) Executive Engineer, Kullu Division No.II, HPPWD, Kullu w.r.t. his letter No.16384-85 dated 4.1.2000 and 17482 dated 31.1.2000. Average and last drawn upto 31.10.95 stand already applied. No further action/revision is required Service Book is returned herewith. (ii) Sh. Chama Lal Awasthi, W.I. Retd. Village and P.O. PATLI KUHL Tehsil & Distt. Kullu H.P.. Sd/- Sr. Accounts Officer” 4. Facts are not in dispute. Petitioner was born on 15.10.1937. He was employed with the respondents-State as Class-IV employee on 21.5.1965 and was ordinarily to retire on 31.10.1997 after completing 60 years of age. That he rendered his services satisfactorily is also not in dispute. 5. With effect from 1.1.1996 there was revision in the pay scale. Petitioner is claiming pensionary benefits on the basis of such revision of pay scale. 6. State of Himachal Pradesh, sometimes in the year 1996 took a decision to bring the work charged employees on regular cadre (Class-III) and retire them from Govt. service on superannuation after attaining the age of 58 years and such of those employees who have already crossed such age and were in service were to retire from the last date of the month of their service. Such decision was conveyed in terms of letter dated 30.5.1996/22.6.1996 which reads as under:- “Copy of letter No.PWE/ESI/E-5/133-5-Pension-5th –C/96/5339-89 Dated 30.5.96 from Chief Engineer (North) Himachal Pradesh PWD, Dharamshala- 176215 addressed to All the Superintending Engineers in H.P.P.W.D. under North Zone and endorsed to All the E.E.s /L.A.Os. in HPPWD under North Zone/All concerned in Chief Engineer. ….. Subject: Retirement of Work-Charged and Work-Charged brought into regular cadre staff on attaining the age of superannuation. As you are well aware that the retirement age of superannuation in respect of Work-Charged staff (Class-IV and Class III) is 60 years. The retirement age of Work-Charged brought into regular cadre Class IV staff is also 60 years but in respect of Work-Charged brought into regular cadre Class III staff, the age of retirement is 58 years. On the recent clubbing of posts, some Work-Charged posts have been treated/ converted into ‘Work-Charged brought into regular cadre viz; Work Inspector. It may please be ensured that all Class III Work-Charged brought into regular cadre staff including the staff recently converted from Work-Charged to Work-Charged brought into regular cadre (Class III) is retired from Govt. service on superannuation on attaining the age of 58 years and those who have already crossed the age of 58 years may be retired from the last date of this month. Cases of over-stay if any, may be processed consolidatedly to arrange the sanction of Govt.. ….. Government of Himachal Pradesh Public Works Department Endst. No.PW-KDH/E-27/96-5245-59 Dated 22.6.96. Copy forwarded to All the Assistant Engineers under this Division H.P.PWD, Kulu for information and further communication to all concerned. Sd/- Executive Engineer, Kullu Division No.II, HPPWD, Kullu” 7. There is no dispute that petitioner, who was working on work charged basis was brought into regular cadre (Class III) on 28.6.1996. As a consequence of the policy decision taken by the State, petitioner was deemed to have retired w.e.f. 30.6.1996. 8. It appears that the question of actual date of retirement for the purpose of preparation of pensionary papers and disbursement of retiral benefits crept up with the Govt. who took the decision in terms of Annexures A-5 & A-6 as reproduced hereinabove. 9. In the case of the petitioner, the Govt. had taken a decision that the services rendered by him w.e.f. 1.11.1995 to 30.6.1996 were to be treated as re-employment. However for the purpose of grant of pensionary benefits the date of retirement was directed to be taken as 31.10.1995 instead of 30.6.1996. 10. There is no dispute that the Govt. had already revised the pay scale as on the date when petitioner was otherwise in service as he was to retire at the age of 60 years. In terms of Annexure A-1 his period of service was curtailed. Consequently petitioner’s right for pension on the basis of higher pay scale had also accrued to him much prior to the issuance of Annexure A-I. Even Annexure A-I does not curtail his right of pension. In any event by way of subsequent letter and that too after a period of 2 years, the Govt. could not have introduced conditions which were detrimental to the petitioner’s pecuniary interest. 11. For all the aforesaid reasons, impugned Annexures A-5 & A-6 to the extent that they are in conflict with the petitioner’s interest are quashed. Respondents are directed to take consequential action, including disbursement of pension on the revised pay scale within a period of three months from the date of receipt of the certified copy of the order. With the aforesaid observations, petition stands disposed of. ( Sanjay Karol ), Judge. September 03, 2010 (rana)