Disposed

Narinder Kumar & Ors. v. State of Punjab & Ors.

Punjab & Haryana HC7 Oct 2016CWP/17732/2016

Case brief

AI extract

What is this about?

Petitioners, retired municipal employees, approached the High Court claiming upgraded pension benefits after a connected appeal held a 2011 pay revision circular retrospective. The Court directed authorities to verify individual claims and grant benefits if covered by the cited judgment without examining merits in this order.

What did the court decide?

Directing respondent authorities to verify individual claims and grant consequential benefits within four months if covered under the cited judgment.

Narinder Kumar & Ors. Vs State of… — Pension and Retirement Benefits | Punjab & Haryana HC (2016)

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CWP-17732-2016

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- 1 -

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP-17732-2016 Date of Decision: October 07, 2016

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Narinder Kumar and others

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.....Petitioners

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Versus

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State of Punjab and others

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......Respondent

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CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDIP AHLUWALIA

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1. Whether speaking/reasoned ? Yes/No 2. Whether reportable ? Yes/No

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3. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 4. To be referred to the Reporters or not? Yes/No 5. Whether the judgment should be reported in the Digest? Yes/No.

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.......

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Present: Mr.Anil Kumar Spahia, Advocate for Mr.Sunny Singla, Advocate for the petitioner.

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Mr.Rajesh Bhardwaj, Addl.AG, Punjab.

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SURYA KANT, J.

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Petitioners are retired employees of different Municipalities in the State of Punjab. Retirement dates of all the petitioners are different as find mentioned in Annexure P1, and all of them have held pensionable posts. They are claiming upgraded revision of their pension and other retiral benefits in terms of Punjab Government decision whereunder pay scales of in-service employees have been further revised w.e.f. 01.12.2011. The benefit of those revised pay scales towards pension has not been granted to the petitioners as all of them retired from service before 01.12.2011.

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Learned counsel for the petitioners submits and he appears to be

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Meenu 2016.10.19 10:14 I attest to the accuracy and authenticity of this documentright in contending that the controversy regarding petitioners' claim has been chandigarh

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CWP-17732-2016 - 2 -

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answered in their favour by this Court vide judgment dated 31.08.2016 rendered in LPA No.352 of 2014 ( State of Punjab and others vs A.P.Sharma and others ) and other connected appeals. In the cited decision this Court has held as follows:-

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“36. As a result of the above discussion, it is held that the circular dated 15.12.2011 is retroactive in nature and the benefit of fixation of higher pay of various categories of employees is bound to have its positive effect on the pension of pre-01.01.2006 retiress.

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XXX XXX XXX

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As regard to the connected writ petitions, we have not gone into the merits of the individual claims. Those writ petitions are disposed of in terms of the decision in the lead case with a direction to the authorities to verify the claim of each petitioner and if found covered vide this judgment, let the consequential benefits be granted to them as well.”

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Since we have not gone into the individual's claims of the writ

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petitioners, the respondent-authorities are directed to verify the claim of each one of them and if found covered under the cited judgment, let the consequential benefits be granted within a period of four months from the date of receipt of a certified copy of this order.

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A copy of this order be given to learned State counsel for information and necessary compliance.

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( SURYA KANT) JUDGE

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October 07, 2016 (SUDIP AHLUWALIA) meenuss JUDGE

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Meenu 2016.10.19 10:14 I attest to the accuracy and authenticity of this document chandigarh

Narinder Kumar & Ors. v. State of Punjab & Ors.

Case brief

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Narinder Kumar & Ors. v. State of Punjab & Ors.

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