Research › Search › Judgment

Punjab High Court · body

2014 DIGILAW 163 (PNJ)

Tripta Devi Sharma v. State of Haryana

2014-01-20

AUGUSTINE GEORGE MASIH

body2014
JUDGMENT Mr. Augustine George Masih, J. (Oral):- Petitioner has approached this Court praying for issuance of a writ of certiorari for quashing the order dated 03.11.2011 (Annexure P-1) passed on the representation submitted by her. 2. It is the contention of the counsel for the petitioner that as per Rule 6.24 of the Punjab Civil Services, Volume-II Rules (for short “Punjab Rules”) as applicable to the State of Haryana, the petitioner is entitled to the calculation of pension on the last pay drawn by a Government employee on the date of retirement. Petitioner, on the basis of this statutory rule, prays for re-fixation of her pension. 3. In the reply, which has been filed by the respondents, it has been stated that the petitioner was on deputation and, therefore, the last pay drawn while on deputation cannot be taken as a last pay drawn by her, which would entitle her to the claim as has been made in the present writ petition. 4. Counsel for the respondents has also placed reliance upon the notification dated 01.05.2013 issued by the Principal Secretary to Government, Haryana, Finance Department, according to which the last pay drawn by an employee will be taken as the one which he would have been entitled to draw under the Government and not on the deputation/ex-cadre posts/foreign service. He, on this basis, contends that the petitioner is not entitled to the benefit as claimed in the present writ petition. 5. Having considered the submissions made by the counsel for the parties, I am of the view that the present writ petition deserves to be allowed in the light of the provisions as contained in Rule 6.24 of the Punjab Rules, where it is mentioned that the pension shall be calculated on the pay last drawn by a Government employee on the date of retirement. The stand of the respondents that as the petitioner was on deputation, the said pay will not be taken into consideration, cannot be accepted to be correct as the statutory rules do not qualify the service and only mentions the last pay drawn by an employee to be taken into consideration. Instructions dated 01.05.2013 issued by the Principal Secretary to Government, Haryana, Finance Department will not be applicable to the case of the petitioner as she retired on 30.06.2011, which is prior to the date of issuance of the instructions. Instructions dated 01.05.2013 issued by the Principal Secretary to Government, Haryana, Finance Department will not be applicable to the case of the petitioner as she retired on 30.06.2011, which is prior to the date of issuance of the instructions. These instructions further show that the decision now has been taken by the Government to calculate the pensionary benefits of the employee on the basis of the last pay drawn, which employee would have drawn had he continued in the Government service and not on foreign service/deputation/ex-cadre posts. 6. In view of the above, the present writ petition is allowed. Order dated 03.11.2011 (Annexure P-1) is hereby quashed. Direction is issued to the respondents to fix the pension of the petitioner on the basis of the last pay drawn by her from respondent No.3-The State Information Commission, Haryana, within a period of three months from today. 7. Consequential benefits, if any, be released to the petitioner within a further period of one month.