IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.19862 of 2009 Date of decision : 30.11.2011 B.D.Sharma ....Petitioner Versus State of Haryana and another ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.S.K.Sud, Advocate for the petitioner. Mr.Harish Rathee, Sr.Deputy Advocate General, Haryana, for the respondents. ..... MAHESH GROVER, J. The petitioner prays that he be granted 50% of the pension in the pay scale of Rs.13,500-17,250, i.e.Rs.6,750/- as per the provisions of Note (1) appended to Schedule-I, which has been equated to the earlier scale of Rs.4,100-5,300/- as on 1.1.1986. The petitioner through an earlier writ petition successfully got the pay scale of Rs.4100-5300 to which he claimed entitlement after the revision of pay scales with effect from 1.5.1989. Upon revision of the pay scale, which was made effective from 1.1.1996, the pay scale of similarly situated persons as the petitioner was revised to Rs.12,000- 16,000/. The Haryana Government framed the Haryana Civil Services (Revised Pension Part-I) Rules, 2009, which were made effective from 1.1.2006. These rules were applied to the pensioners/family C.W.P.No.19862 of 2009 -2- pensioners who were drawing the aforesaid benefits. According to the rules and the appendix attached thereto the persons who were placed in the pay scale of Rs.4,100-5,300 were held admissible to 50% of the grade which they were drawing. Since the petitioner had retired on 1.1.1996, on which date the revision of pay scale had been effected and enhanced to Rs.13,500-17,250, he was entitled to 50% of the revised pay amount to Rs.6725. The petitioner places reliance on Note (1) appended to the Rules which is extracted hereunder :- “Note: The revised pension of those who retired after completing maximum required qualifying service (that is 33 years) before with effect from Ist January, 2006 cannot be less than the pension indicated in column 7 above (that is 50% of the sum of Minimum of Pay Band and Grade Pay/Scale corresponding to the scale of pay the petitioners held at the time of their retirement). The pension in column 7 above will be reduced pro-rate, where the pensioner had less than maximum required qualifying service (that is 33 years) for full pension as per rule 6.16 (2) of Punjab Civil Service Rules Volume II as applicable on Ist January, 2006 and in no case it will be less than Rs.3500/- per month. In case, the pension consolidated as per rule 5 of the notification is higher than the pension calculated in the manner above, the same (higher pension) shall be treated as basic pension).” The prayer has been declined by the respondents by stating C.W.P.No.19862 of 2009 -3- that the petitioner was not drawing the salary in the functional pay scale but was drawing the pay in the said pay scale as a personal measure and therefore according to the ACP Rules of 1996 the petitioner, who was granted this benefit as personal measure, was not entitled to get the benefit of 50% of the pension of the revised scale as claimed by him. Learned counsel for the petitioner places reliance upon the judgment of this Court rendered in CWP No.5520 of 2003 titled as S.P.Sood. v. State of Haryana and others, decided on 2.2.2009 allowing similar benefits to the petitioners therein. The Letters Patent Appeal preferred against this judgment has also been dismissed and while doing so it was observed as follows :- “In the circumstances this writ petition is allowed. The order dated 14.11.2003 computing the pension of the petitioners at the rate of Rs.6000/- per month is set aside and the respondents are directed to fix the pension of the petitioners after taking into consideration the fact that at the time of his retirement he was drawing pay in the scale of Rs.4100-5300 which was revised to Rs.13,500-17,250 and pay the arrears thereof with interest at the rate of 8% p.a. From the date of entitlement i.e. 1.3.2002 till the actual date of payment, within a period of three months from the date of receipt of a certified copy of this order. In case the amount is not paid within three months aforesaid, even the interest component would earn interest at the rate of 8% p.a. till the C.W.P.No.19862 of 2009 -4- date of payment.” The aforesaid view was also followed by this Court in CWP No.4977 of 2010. For the aforesaid reasons and on the parity of reasoning given in S.P.Sood's case (supra) and the other case and also noticing the fact that the Letters Patent Appeal against the said judgment in S.P.Sood's case has been dismissed, the instant writ petition is also accepted and the petitioner is held entitled to the pension amounting to Rs.6,750/- which is 50% of the revised grade. The necessary benefits shall be made available to the petitioner as expeditiously as possible, preferably within a period of four months from today. 30.11.2011 (MAHESH GROVER) JUDGE dss