CWP No. 14580 of 2006 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 14580 of 2006 Date of Decision: 7.5.2008 Prem Paul and others .....Petitioners Versus The Managing Director, Uttar Haryana Bijli Vitran Nigam and others .....Respondents Coram: HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE MOHINDER PAL Present: Shri S.K. Sud, Advocate, for the petitioner. Shri K.S. Malik, Advocate, for the respondents. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? HEMANT GUPTA, J. The petitioners attained the age of superannuation while while working with Uttari Haryana Bijli Vitran Nigam (hereinafter referred to as `the Nigam') on different dates but between the years 1998- 2004. It is pointed out that Haryana Government in order to avoid stagnation of Government Employees of `C' and `D' category notified Punjab Civil Services (Accelerated Career Progression) Rules, 1998, providing for grant of new pay scale, after completion of 10/20 years of regular satisfactory service with effect from 1.1.1996. The Haryana State Electricity Board, which was predecessor of the Nigam, notified such Rules on 27.2.1998 with effect from 1.1.1996, whereas such Rules were modified vide decision dated 20.2.2004 by the Managing Director of the Nigam vide order dated 1.1.1996. CWP No. 14580 of 2006 (2) It is the case of the petitioners that the petitioners were eligible for grant of 2nd ACP Scale as per the modified notification dated 20.2.2004, but the benefit of notional pay fixation has not been granted to the petitioners. It has been pointed out that the benefit of such pay scale has been declined on the ground that no cash monetary benefit on account of notional pay fixation is admissible to the employees. It is contended by the petitioners that though the decision dated 20.2.2004 contemplates that no arrears on account of notional fixation of pay from 1.1.1996 to 31.3.2004 is to be given, but the said decision further contemplates that the employees will be given cash benefit with effect from 1.4.2004. It is, thus, contended that though arrears on account of notional fixation may not be admissible, but the petitioners having retired prior to 2004, are entitled to pension on the basis of notional fixation of pay in terms of the said office order. In reply, it has been pointed out that since in terms of the decision, Annexure P.1, no arrears of pay fixation are to be granted, therefore, the pensionary benefits are not required to be revised keeping in view the notional pay fixation. This Court in CWP No. 6439 of 2006- T.C. Gupta v. The State of Haryana and others, decided on 7.2.2008, has examined the identical questions raised and held that even if the petitioner is not to be granted arrears on account of grant of 2nd ACP Scales, but retiral benefits are to be fixed after grant of benefit of notional pay scale with effect from 1.1.1996. Even if the petitioners are not to be granted any arrears on account of the notional fixation of pay, but on account of deemed notional fixation of pay as on the date of retirement, the petitioners are entitled to the revised pensionary benefits. In view thereof, we dispose of the present writ petition with the direction to the respondents to recalculate the retiral benefits payable CWP No. 14580 of 2006 (3) to the petitioners after giving benefits of notional fixation of pay, by granting benefit of 2nd ACP scales with effect from 1.1.1996. The necessary pensionary benefits shall be calculated and paid to the petitioner within a period of three months from the date of receipt of the certified copy of the order by the respondents. (HEMANT GUPTA) JUDGE (MOHINDER PAL) JUDGE 07-05-2008 ds