“During the course of hearing and while going through the reply filed by Shri S.K. Aggarwal, Chief Accounts Officer (Pension), HVPNL, Panchkula to C.M. No.5845 of 2008, it has been noticed that the petitioners, except petitioner No.36, who were appointed prior to 1.11.1966, have been denied the benefit of Special Pay and Sterilization increment while calculating the pay for the purpose of pension, by totally ignoring the Division Bench judgment of this Court in K.G. Walia and others vs. State of Haryana and others, LPA No.160 of 2004, decided on 7.10.2005, which was upheld by the Apex Court vide judgment dated 3.7.2006, on the ground that those judgments were given in individual cases of Shri O.P. Sobti and has not been adopted in general by the respondent-Nigam by issuing necessary notification for dealing with other cases of similar nature. Counsel for the respondents could not point out that in the Division Bench judgment in K.G. Walia's case (supra), it was specifically mentioned that the said benefit was only meant for individual case. In my opinion, the said reply filed by the aforesaid respondent is contrary to the principles laid down by a Division Bench of this Court in Satbir Singh vs. State of Haryana, 2002(3) RSJ 38 and subsequently the government Instructions dated May 2, 2002, which say that once a case has been decided by the Court of law in case of an employee, the said benefit should be given to all the similarly situated employees. Thus, in view of this factual and legal position, Shri S.K. Aggarwal, Chief Accounts Officer (Pension), HVPNL, Panchkula is directed to be present in Court on the next date of hearing to explain the situation and to show cause as to why the averments made by him in the reply be not taken as disrespect to the decision given by this Court. Adjourned to 25.5.2009.”
