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2013 DIGILAW 1699 (PNJ)

Rameshwar Nath Moudgil v. State of Punjab

2013-12-17

FATEH DEEP SINGH, HEMANT GUPTA

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JUDGMENT Mr. Hemant Gupta, J.:- This order shall dispose of aforesaid two writ petitions i.e. CWP No.4291 of 2013 preferred by Rameshwar Nath Moudgil and CWP No.24021 of 2013 preferred by Narang Singh, raising identical claim of pension payable corresponding to the IInd Stage A.C.P. pay scale of Rs.51550-63070 of the post of Civil Judge (Senior Division). 2. The petitioner in CWP No.4291 of 2013 namely Rameshwar Nath Moudgil joined in the year 1970 as a Member of the Punjab Civil Service (Judicial Branch). He was granted selection grade w.e.f. 01.01.1982. He was promoted as Additional Senior Sub Judge on 20.12.1982 and attained the age of superannuation on 31.12.1988 from the post of Senior Sub Judge, now equivalent to Civil Judge (Senior Division). 3. On the other hand, the petitioner in CWP No.24001 of 2013 namely Narang Singh, joined as a Member of the Punjab Civil Service (Judicial Branch) in the year 1972. He was granted selection grade w.e.f. 01.01.1984. He was promoted as Additional Senior Sub Judge on 23.08.1984 and attained the age of superannuation on 26.04.1995 from the post of Senior Sub Judge. 4. The claim of both the petitioners is that in terms of the recommendations of Justice E. Padmanabhan Committee, they are entitled to their pay fixation at Rs.51550-1230-58930-1380-63070 and are entitled to pension at the rate of 50% of the said pay scale. Therefore, grant of pension at Rs.19765/- (50% of Rs.39530/-) being the minimum pay scale at entry level is wholly illegal and patently wrong. 5. We have heard learned counsel for the parties and find that the contentions of the petitioners are not correct. In terms of the orders of the Hon’ble Supreme Court, Hon’ble Mr. Justice E. Padmanabhan (Retd.) was appointed to recommend the revision of pay-scales, allowances, pension perquisites and revised pensionery benefits with effect from 01.01.2006. Justice E. Padmanabhan (Retd.) submitted his report dated 17.07.2009. The relevant extract in relation to the pension from Part - V of the Report reads as under: “PENSION STRUCTURE FOR PAST PENSIONERS I.E. WHO RETIRED PRIOR TO 01.01.2006 31. The recommendations off the First National Judicial Pay Commission with respect to past pensioners are given in paragraph 23.18 which are as under:- (1) The Revised Pension of the Retired Judicial Officers should be 50% of the minimum pay of the post held at the time of retirement, as revised from time to time. The recommendations off the First National Judicial Pay Commission with respect to past pensioners are given in paragraph 23.18 which are as under:- (1) The Revised Pension of the Retired Judicial Officers should be 50% of the minimum pay of the post held at the time of retirement, as revised from time to time. (2) There should not be any ceiling limit on the maximum pension payable. (3) The pensioners should be given the benefit of full neutralization of the cost of living in the same scale as is being extended to the serving Judicial Officers. xxx xxx xxx 31(a) In respect to recommendations Nos.1, 2 & 3, no change is called for and the same shall continue”. 6. The Hon’ble Supreme Court accepted the recommendations of the Justice E. Padmanabhan Commission vide order dated 04.05.2010 and directed the State Governments including the Punjab to implement the same. In terms of the directions of the Hon’ble Supreme Court, the Punjab Government issued a circular dated 15.12.2011 revising the pensionery benefits payable to the former Judicial Officers. Clause 1(ii) of the said circular contemplates that the revised pension of the retired Judicial Officers shall not be less than 50% of the minimum pay of the post held at the time of retirement, as revised from time to time. The Table showing the minimum of pension in the revised pay scale is mentioned in Annexure ‘A’. The relevant extract from the Table reads as under:- TABEL INDICATING REVISED PENSION BASED ON REVISED MASTER PAY SCALE FOR POSTS CARRYING PRESENT SCALES. ---------------------------------------------------------------------------------------------------------------------------------------- Sr. Service Pay scale Revised Pension = Family Pension = No. w.e.f. Pay Scale 50 % of sum 30% of sum of min. 01.01.1996 w.e.f. of min. of of pay Scales. 01.01.1996 Pay Scale ---------------------------------------------------------------------------------------------------------------------------------------- A. Punjab Civil Service (Judicial Branch) (i) Civil Judge Rs.9000- 250- Rs.27700- 770- Rs.13850/- Rs.8310/- (J.D.) 10750-300- 33090-920- Entry Level 13150- 350-14550 40450- 1080-44770 (ii) Civil Judge Rs.12850- 300- Rs.39530- 920- Rs.19765/- Rs.11859/- (SD) Entry 13150- 350- 40450- 1080- Level 15950- 400-17550 49090- 1230-54010 (iii) Selection Rs.12850- Rs.39530-920- Rs.19765/- Rs.11859/- Grade 300-13150- -40450-1080- 350-15950- 49090- 1230- 400-17550 54010 ---------------------------------------------------------------------------------------------------------------------------------------- 7. The claim of the petitioners is based upon the fact that Civil Judge (Senior Division), in terms of recommendations of the Justice E. Padmanabhan Committee, is entitled for Ist Stage A.C.P. scale of Rs.43690-56470 after five years of continuous service; and the IInd Stage A.C.P. scale of Rs.51550- 63070 after completion of another five years of continuous service. 8. It is, thus, contended that since the petitioners have completed 10 years of continuous service, therefore, their pay is required to be fixed after granting IInd A.C.P. Scale. Thus, the petitioners are entitled to 50% of the pension corresponding to the pay in the revised Scale i.e. Rs.51550-63070. 9. We find that the contention raised on behalf of the petitioners is not tenable. Part - VII, Para 45 of the Justice E. Padmanabhan Committee’s Report deals with the grant of A.C.P. Scales to the serving Judicial Officers. Such revised pay scales are payable w.e.f. 01.01.2006, whereas both the petitioners have retired much prior thereto. Since the petitioners were not the serving Judicial Officers on 01.01.2006, therefore, the revised pay scale with A.C.P. Scale is not applicable to the petitioners. In fact, the petitioners have been granted selection grade as Members of the Punjab Civil Service (Judicial Branch). The revised pay scale with effect from 01.01.2006 of the said post is Rs.39530-920-40450-1080-49090-1230-54010, as per circular dated 15.12.2011, reproduced above. The pension payable is 50% of the minimum of the pay scale i.e. Rs.19765/-. Such is the pension granted to the petitioners. 10. Therefore, the claim of the petitioners based upon the pay payable to in-service candidates is not tenable. The petitioners have been rightly granted pension in terms of the corresponding pay scale to the post held by them at the time of retirement. 11. Consequently, we do not find any merit in both the writ petitions. The same are dismissed.