CM No.13274-75/ 2010 1 CWP No.18110 of 2005 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 21.9.2010 S.K.Goel ...Petitioner VERSUS The H.V.P.N.L., Panchkula & Others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.IPS Doabia, Advocate for the petitioner Mr.Aman Chaudhary, Advocate for respondents Permod Kohli, J. (Oral) CM No.13274-75/2010 CM allowed. Circular dated 24.2.1998 (Annexure R-1) taken on record. CWP No.18110 of 2005 Keeping in view the controversy involved and with the consent of the counsel for the parties, this petition is disposed of at motion stage. The petitioner retired as Revenue Accountant from the office of Chief Auditor, HSEB on 31.5.1996. Admittedly, the petitioner was drawing basic pay of Rs.9175 plus special pay of Rs.75/-, total Rs.9250/- per month CM No.13274-75/ 2010 2 CWP No.18110 of 2005 at the time of his retirement. Revised pay scales were granted w.e.f. 1.1.1996. After the pay revision, the petitioner was to be placed in the pay scale of Rs.9000/- plus Rs.75/- as special pay. By adding one increment, his pay was fixed at Rs.9175/-. At the time of his retirement, his pension was fixed at Rs.1694/- per month and after the revision, his pension was fixed at Rs.4582/-. The respondents issued a notification dated 6.7.2000 (Annexure P-4/A) in respect of certain clarifications/modifications relating to the employees who were in service from 1.1.1996 to 30.9.1996. On the basis of this clarification, the petitioner made a representation dated 1.6.2003 seeking revision of his pension. The representation of the petitioner was replied to by the respondents vide letter dated 16.10.2003 (Annexure P-6) and it was communicated that his pension is required to be fixed, in view of the proviso to Para 7(a) of the Circular dated 24.2.1998. The respondents calculated the pension of the petitioner in the following manner:- “As such in your case the calculation is as under:- 1.8.95 to 31.12.95 Rs.9000 x 5 = 45000/- 1.1.96 to 31.5.96 Rs.9175 x 5 = 45875/- 90875/- 10 months average 90875/10 = 9087.50 Special pay = 9162.50” The petitioner, however, vide his subsequent detailed representation dated 23.11.2002 calculated his pension, keeping in view the revised instructions of 2000 referred to here-in-above. The calculation made by the petitioner reads as under:- Pre-revised scale (prior to 1.1.96) Rs.1640 - Rs.2000 corresponding revised scale (w.e.f.1/1/96) Rs.5500 – Rs.9000 CM No.13274-75/ 2010 3 CWP No.18110 of 2005 Date of increment in the pre-revised scale 1.1.95 Date of superannuation 31.5.1996 A. Emoluments drawn in the pre-revised scale for the period 1.8.95 to 31.12.95. Basic pay = Rs.3275 DA CCP1 1510 = Rs.4847/- (148%) in the present case) Interim relief of 1st = Rs.100/- Interim relief of 2nd = Rs.328/- (10% of basic pay) Fitment weightage i.e. = Rs.1310 (40% of basic pay) Add Special Pay = Rs.75/- Total = 9935/- Total emoluments for 5 months i.e. (1.8.95 to 31.12.95) x 5 = Rs.49675/- B. Emoluments drawn in the revised scale of pay during the period 1.1.96 to 31.5.96 Basic pay = Rs.9175/- Special Pay = Rs.75/- Total= Rs.9250/- p.m. Total emoluments for 5 months x 5 i.e. (1.1.96 to 31.5.96) C.Emoluments for last 10 months i.e. (1.8.05 to 31.5.96) A + B A= Rs.49675/- B= Rs.46250/- = Rs.95925/- D. Average emoluments for arriving at monthly pension = C/10 CM No.13274-75/ 2010 4 CWP No.18110 of 2005 = Rs.95925/10 = Rs.9593/- Monthly pension admissible (50% of average emoluments) = Rs.9593/2 i.e. 50% of d = Rs.4797 p.m.” Mr.Aman Chaudhary, learned counsel for respondents has relied upon the Finance Department Circular dated 24.2.1998 (Annexure R-1). The relevant part on which the reliance is placed reads as under:- “7.Fixation of initial pay in the revised scale: (1) The initial pay of a Board Employee who elects or is deemed to have elected under sub-para (3) of para 6 to be governed by the revised scale on and from the 1st day of January, 1996, shall, unless in any case the Board by special order otherwise directs, be fixed separately in respect of his substantive pay in the permanent post on which he holds a lien or would have held a lien if he had not been suspended, and in respect of his pay in officiating post held by him, in the following manners namely: (A) in the case of all employees- (i)an amount representing 40 percent of the basic pay in the existing scale shall be added to the 'existing emoluments' of the employee; (ii)after the existing emoluments have been so increased, the pay shall thereafter be fixed in the revised scale at the stage equal to such computed amount in sub para (i) above and in case, there is no such stage in the revised scale equal to such computed amount in sub para (i) above, at the stage next above the amount thus computed in the revised scale: Provided that: (a) if the minimum of the revised scale is more than the amount so computed in sub-para (i) above, the pay shall be fixed at the minimum of CM No.13274-75/ 2010 5 CWP No.18110 of 2005 the revised scale; (b) if the amount so computed in sub-para (i) above is more than the maximum of the revised scale, the pay shall be fixed at the maximum of that scale:” It is accordingly contended that where an employee is placed in the revised pay scale and has attained maximum of the pay scale, his salary cannot be considered beyond the maximum scale prescribed for the post. It is under these circumstances, the petitioner's salary for the period from 1.8.95 to 31.12.1995 was fixed at Rs.9000/- notwithstanding the fact that the petitioner was drawing the pay more than Rs.9000/-. Apparently, the submission is correct in so far as the Circular dated 24.2.1998 is concerned, however, subsequently another Circular came to be issued by the respondents on 6.7.2000. This circular relates to implementation of the government decision of revised pension for the government employees who retired/died in harness between 1.1.1996 to 30.9.1996. In the aforesaid Circular dated 6.7.2000, the relevant clarifications made in regard to fixation of pension reads as under:- “I) For the period during which pay in drawn in pre-revised scale- Basic pay plus actual dearness allowance and interim relief I and II appropriate to the basic pay at the rates in force on 1.1.96 drawn during the relevant period, and...... 3. ...... I.For the period during which pay was drawn in pre-revised pay scales:- CM No.13274-75/ 2010 6 CWP No.18110 of 2005 i) Pay (including increments, if any, actually drawn during the intervening period).” Admittedly, these instructions were issued in clarification to the earlier notifications. It is also not in dispute that this Circular relates to the question of fixation of pension in respect of the employees who retired between 1.1.1996 to 30.9.1996. The petitioner has definitely retired during this period as his date of retirement was 31.5.1996. In this circular, the actual pay drawn by the petitioner at the time of his retirement from 1.18.1995 to 31.12.1995 is to be taken into consideration for the purpose of fixation of pension. The calculations made by the petitioner in Annexure P- 7 are thus strictly in consonance with the Circular of 2000. Under the above Circumstances, pension of the petitioner is required to be fixed at Rs.4797/- per month. This petition is accordingly allowed and the impugned orders are hereby quashed. The respondents are directed to fix the pension of the petitioner accordingly. Let the arrears be determined and released within a period of three months from the date a certified copy of this order is received by the competent authority. (PERMOD KOHLI) JUDGE 21.9. 2010 MFK Note: Whether to be referred to reporter or not?NO