Disposed

Surjit Singh Gora & Ors. v. Kbs Sidhu & Ors.

Punjab & Haryana HC15 Feb 2012COCP/14/2012

Case brief

AI extract

What is this about?

The High Court disposed of multiple common opus cwp petitions regarding the delay and non-payment of restored pension. The court directed the respondent to release the first instalment of pension arrears by 31.7.2012 and subsequent monthly instalments within a specific schedule despite challenges related to the Code of Conduct.

What did the court decide?

Direction to release first instalment of restored pension arrear by 31.7.2012 and subsequent yearly instalments on specified dates.

Surjit Singh Gora & Ors. Vs Kbs… — Pension and Retirement Benefits | Punjab & Haryana HC (2012)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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	C.O.C.P.No.14 of 2012 (O&M) Date of Decision : February 15, 2012
Surjit Singh Gora and others versus K.B.S.Sidhu and others	....-Petitioners .....Respondents
	C.O.C.P.No.104 of 2012 (O&M)
Krishan Kumar Joshi and others versus K.B.S.Sidhu and others	....-Petitioners .....Respondents
	C.O.C.P.No.286 of 2012 (O&M)
Yog Raj and others versus K.B.S.Sidhu and others	....-Petitioners .....Respondents
	C.O.C.P.No.287 of 2012 (O&M)
Gurdip Singh and others versus K.B.S.Sidhu and others	....-Petitioners .....Respondents
	C.O.C.P.No.288 of 2012 (O&M)
Harbans Lal Grover and others versus K.B.S.Sidhu and others	....-Petitioners .....Respondents
	C.O.C.P.No.51 of 2009 (O&M)
Kamlesh Goyal and others versus	....-Petitioners
Harcharanjit Kaur Brar and oth	ers .....Respondents
	C.O.C.P.No.2975 of 2011 (O&M)
Kamlesh Bali and others versus K.B.S.Sidhu and others	....-Petitioners .....Respondents C.O.C.P.No.2976 of 2011 (O&M)
Kewal Kumar Aggarwal and others versus	....-Petitioners

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CWP No.14 of 2012 (O&M	) etc. [2]
K.B.S.Sidhu and others	.....Respondents
	C.O.C.P.No.2979 of 2011 (O&M)
Krishan Chander and others versus	....-Petitioners
K.B.S.Sidhu and others	.....Respondents
	C.O.C.P.No.3104 of 2011 (O&M)
Samdhershi Kumar Bedi and an versus	other ....-Petitioners
K.B.S.Sidhu and others	.....Respondents
	C.O.C.P.No.3105 of 2011 (O&M)
Sushma Devi versus	....-Petitioner
K.B.S.Sidhu and others	.....Respondents

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CORAM : HON'BLE MR.JUSTICE SURYA KANT.

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Present : Mr.Pawan Kumar Goklaney, Advocate and Mr.C.M.Chopra, Advocate, for the petitioners. Mr.G.S.Cheema, Senior Dy. Advocate General, Punjab.

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-.-

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Surya Kant, J. (Oral)

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This order shall dispose of C.O.C.P.Nos.14, 104, 286, 287, 288 of 2012, 51 of 2009, 2975, 2976, 2979, 3104 and 3105 of 2011 as common law and facts are involved in these cases.

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For brevity, the facts are being extracted from COCP No.14 of 2012.

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The respondents have filed their reply-affidavit alongwith a copy of the notification dated 28.7.2011 (Annexure R-1) as well as a copy of the memo dated 26.8.2011 (Annexure R-2).

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Clause-4 of the notification specifies that the arrears of restored pension shall be released in five annual interest free instalments w.e.f. 1.4.2012.

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CWP No.14 of 2012 (O&M) etc. [3]

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Mr.G.S.Cheema, learned Senior Deputy Advocate General, Punjab, however, on instructions from Mr.Jatindrer Pal Singh, Deputy Director, Private Aided Schools, office of the Director Public Instructions (SE), Punjab, submits that due to the Code of Conduct imposed in the State of Punjab, it is difficult for the authorities to release the pension w.e.f. 1.4.2012 and some delay is likely to occur.

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Having regard to the attending circumstances and the financial burden to be caused on the State exchequer, I deem it appropriate to clarify and direct the respondents that the process to issue public notices etc. be commenced within a period of two weeks from the date of lifting of the Code of Conduct and the first instalment of arrears of the restored pension be released to the eligible pensioners by 31.7.2012 and the due payments shall be released strictly in accordance with the notification dated 28.7.2011 (Annexure R-1) in the light of which, the State Government has not pressed its Special Leave Petition before the Hon'ble Supreme Court.

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The second instalment of the arrears be released before 31.5.2013 followed by third, fourth and fifth instalments before 31.5.2014, 31.5.2015 and 31.5.2016, respectively.

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The payment of arrears of the restored pension shall have no bearing on the payment of monthly pension to the eligible retirees which shall be commenced forthwith but not later than 31.7.2012.

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Dasti,

Surjit Singh Gora & Ors. v. Kbs Sidhu & Ors.

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Surjit Singh Gora & Ors. v. Kbs Sidhu & Ors.

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