Dismissed

Municipal Council Employees Union (Retired) v. State of Haryana and Ors.

Punjab & Haryana HC25 Apr 2012CWP/12560/2010

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana dismissed a writ petition by the Municipi al Council Employees Union seeking arrears of pay from 2006 to 2010. The court ruled that persons who retired before 01.01.2006 are not entitled to the 6th Pay Commission benefit for pension computation.

What did the court decide?

Petition dismissed denying arrears to those retired before 01.01.2006.

Municipal Council Employees Union… — Pension and Retirement Benefits | Punjab & Haryana HC (2012)

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[1]

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CWP No.12560 of 2010(O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No.12560 of 2010 (O&M) Date of Decision: 25.04.2012

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Municipal Council Employees Union (Retired), Panipat, through its President.

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... Petitioner

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Versus

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The State of Haryana through Financial Commissioner & Principal Secretary to Govt. Haryana, Local Body Department, Chandigarh and others.

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... Respondents

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CORAM: HON'BLE MR. JUSTICE K. KANNAN

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Present: Mr. Naveen Daryal, Advocate for the petitioner.

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Mr. Kshitij Sharma, AAG, Haryana, for respondents No.1 and 2.

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Mr. Sanjiv Gupta, Advocate, for respondent No.3.

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Whether reporters of local papers may be allowed to see the judgment? NO

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To be referred to the reporters or not? NO

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Whether the judgment should be reported in the digest? NO

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K. KANNAN, J. (Oral)

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The union has filed the writ petition contending that they should be granted the arrears of pay from 01.01.2006 to 31.03.2010 in accordance with Haryana Civil Services (Revised Pension) Rules, 2009. The union makes its claim on the basis of an order passed by this Court in Harbans Lal and others v. The State of Haryana and others in CWP No.15192 of 2010 where this Court has relied on an earlier decision passed in Roshan Lal v. The State of Haryana and others in CWP No.14944 of 2010 on 09.01.2012 quashing the letter dated 12.03.2010 issued by the Government applying the

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[2]

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CWP No.12560 of 2010(O&M)

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benefit only w.e.f. 01.04.2010. The petitioner has given the details of the employees, for whose benefit, the claim is made in Annexure P-1. It gives the names of 4 persons, all of whom have retired before 01.01.2006 and names of persons 5 to 25 are incomplete. As far as the employees' name, which are found in Annexure P-1, who have retired before 01.01.2006, the benefit of decision in Roshan Lal's case cannot be applied, for, the quashing of the proceedings of the 1^st respondent is in the context of limiting the entitlement only to persons, who had been in service as on 01.04.2010. The decision is not an authority that the benefit would be applicable also to persons, who had already retired before the date when the 6^th Pay Commission recommendations were to take effect.

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The writ petition is disposed of with the observations that any of the employees, who had retired before 01.01.2006, shall not come by any of benefit of revision of the scales as per the 6^th Pay Commission for computation of pension. The benefit would apply only to persons, who had retired subsequent to the date of 6^th Pay Commission recommendations were to take effect, that is, 01.01.2006.

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25^th April, 2012 rajan

Municipal Council Employees Union (Retired) v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

Municipal Council Employees Union (Retired) v. State of Haryana and Ors.

Case brief

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