CWP No.14728 OF 2006. 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
CWP No.14728 OF 2006.
Date of Decision: 8.8.2008.
Navin Chand Thakur
............. Petitioner
Versus
State of Punjab and others.
..............Respondents.
CORAM: HON'BLE MR.JUSTICE JASBIR SINGH
HON'BLE MR.JUSTICE JASWANT SINGH
Present:- Mr.Rajiv Atrma Ram,Senior Advocate with
Mr.Gursewak Singh Mann,Advocate for the petitioner.
Mr.KS Dadwal,Addl.AG Punjab for the official
respondents.
*****
JASWANT SINGH, J.
Petitioner, a 91 years old retired teacher, has filed the present writ
petition for directing the respondents to re-fix his pension in the pay scale of
Rs.12000-18300 w.e.f. 1.1.1996 and further grant arrears of pension on
account of said re-fixation alongwith interest @ 18% per annum.
Facts in brief are that the petitioner, who was born on 20.2.1917
joined the Punjab Education Service on 1.11.1943. He was promoted to the
Punjab Education Service Class II on 1.11.1956. Government of Punjab
vide its letter dated 24.2.1968 (Annexure P-6) revised the pay scales of
teaching personnel working in the Government colleges w.e.f. 1.11.1966
and the petitioner was accordingly given the pay scale of Rs.700-40-1100 as
a Senior Lecturer. The petitioner retired as one of the senior most
Government College Senior Lecturers on 28.2.1975 after rendering almost
CWP No.14728 OF 2006. 2
32 years of meritorious service. The pension of the petitioner was fixed in
the pay scale of Rs.700-40-1100.
It is relevant to mention that prior to 1.1.1973 the Lecturers in the
Government Colleges of Punjab were, on the basis of length of their service,
re-designated and granted different pay scales as is discernible from a
reading of Annexure P-6. The pay scale admissible to a Lecturer was
Rs.300-600, to Lecturer Senior Scale Rs.400-800 and to a Senior Lecturer
Rs.700-1100 in a hierarchy of three tier category of teaching personnel.
The Government of Punjab vide its instructions dated 25.2.1977
(Annexure P-7),on the recommendations of University Grants Commission,
revised the pay scales of teaching personnel in the Government Colleges
w.e.f. 1.1.1973 and provided a common running pay scale of Rs.700-1600
and the Lecturers, Lecturers Senior Scale as well as Senior Lecturers were
fitted in the said running scale instead of separate pay scales admissible
before 1.1.1973. Accordingly, the pension of the petitioner was re-fixed by
notionally fixing his pay in the pay scale of Rs.700-1600.
The Government of Punjab on the pattern of University Grants
Commission, sanctioned the grant of selection grade of Rs.1200-50-1300-
60-1840 with effect from 10.10.1983 against 20% posts of total strength of
Lecturers of Government Colleges and the criterion for such grant was
possessing of 15 years of service.
Thereafter the Government of Punjab vide notification dated
12.1.1988 (Annexure P-8), having regard to the decision of Government of
India and in pursuance of recommendations of University Grants
Commission, revised the pay scales of the teaching personnel of
Universities and Colleges w.e.f. 1.1.1986 and provided as under:-
CWP No.14728 OF 2006. 3
"(B) GOVERNMENT COLLEGES
Lecturer/Assistant 700-1600 2200-75-2800-100-
Director 4000
Lecturer/Assistant Not existing 3000-100-3500-125-
Director (Senior Scale) 5000
Lecturer/Assistant 1200-1840 3700-125-4950-150-
Director (Selection 5700"
Grade)
It is clear from the reading of the above that the three tier
classification of posts of Lecturers based on the length of service which
was existing prior to the issuance of instructions dated 25.2.1977 (Annexure
P-7) was revived.
Thereafter, Government vide notification dated 16.1.1998 issued
Punjab Civil Services (Revised Pay Rules) 1998 re-fixing the pay scales of
its employees w.e.f. 1.1.1996. As per these rules the pay scales of Lecturers
were revised to Rs.8000-13500, of Lecturers Senior Scale to Rs.10000-
15200 and Lecturers Selection Grade to Rs.12000-18300.
The Government of Punjab accepted and implemented the
recommendations of the Fourth Pay Commission in respect of pensionary
benefits to pre-1.1.1996 pensioners by issuing instructions dated
21.7.1988/18.8.1988 (Annexure P-9). As per these instructions for the
retirees prior to 1.1.1986 it was provided that their pay shall be first fixed on
notional basis in the revised scale of pay of the post held by them at the time
of their retirement according to the pay revision rules issued by the
Government for implementation of the recommendations of the successive
Pay Commissions and thereafter the updated pension on 1.1.1986 shall be
50% of this notional pay subject to proportional reduction where qualifying
service was less than 33 years.
CWP No.14728 OF 2006. 4
The respondent Government in continuation of instructions dated
21.7.1988/14.8.1988 issued another instructions dated 25.8.2005 (Annexure
P-2) whereby it was provided that w.e.f. 1.1.1996 pension of all pensioners
irrespective of their date of retirement shall not be less than 50% of the
minimum pay in the revised scale of pay introduced w.e.f. 1.1.1996 of the
post last held by the pensioners. The said instructions also provided the
manner in which the pension is to be revised w.e.f. 1.1.1996. Para 5 of the
same provides the manner in which the pension is to be fixed for the
pensioner who retired prior to 1.1.1986.
The petitioner, being a retiree prior to 1.1.1996 submitted his
application dated 18.10.2005 (Annexure P-3) in the prescribed form
alongwith necessary documents giving his option for re-fixation of his
pension. The respondents re-fixed the pension of the petitioner by
notionally fixing his pay in the pay scale of Rs.8000-13500 (admissible to a
Lecturer) w.e.f. 1.1.1996 instead of Rs.12000-18300 (admissible to Lecturer
Selection Grade) as is being claimed. Hence the present writ petition.
Respondents, upon notice, filed their reply and have more or less
admitted the factual aspects regarding admissibility of the pay scales to the
posts of Lecturers, Lecturers Senior Scale and Lecturers Selection Grade. It
has, however, been stated that the petitioner retired on 28.2.1975 as
Lecturer in the scale of Rs.700-1600 and not as a Senior Lecturer as is
asserted because w.e.f. 1.1.1973 all the three previous scales were merged
into one running scale of Rs.700-1600 with one designation as Lecturer and
there was no provision of any post of Senior Lecturers. It has been further
averred that selection grade of Rs.1200-1840 was introduced for the
Lecturers against 20% of total posts in Government Colleges w.e.f.
CWP No.14728 OF 2006. 5
10.10.1983 for Lecturers having 15 years of service. It is further averred
that since the petitioner retired on 28.2.1975 in the pay scale of Rs.700-
1600, the benefit of notional pay fixation in the selection grade for re-
fixation of his pension was never/ cannot be granted to him and, therefore,
his notional pay w.e.f 1.1.1986 has been rightly fixed to its revised scale of
Rs.2200-4000 and again in its further revised scale of Rs.8000-13500 w.e.f.
1.1.1996.
It appears that during the pendency of the hearing of the present
writ petition the opinion of the Finance Department,Punjab was sought
regarding the claim of the petitioner. It was opined that the petitioner was
not entitled to get his pension re-fixed in the claimed scale of Rs.12000-
18300 w.e.f. 1.1.1996.
We have heard the learned counsel for the parties and persued the
record.
Learned counsel for the petitioner submits that the respondents
have mis-interpreted the instructions dated 21.7.1988/14.8.1988 (Annexure
P/9) and 28.5.2005 (Annexure P/2) and wrongly re-fixed the pension of
the petitioner by notionally fixing his pay in the scale of Rs.8000-13500, as
the petitioner on account of his almost 32 years of unblemished service was
entitled to be notionally fixed in the pay scale of Rs.12000-18300 w.e.f.
1.1.1996.
On the other hand learned counsel for the respondents has argued
that on the date of his retirement the petitioner was drawing the pay scale of
a Lecturer as per the notification in force and thereafter all his subsequent
notional fixation of pay have been correctly fixed in the pay scale
admissible to Lecturers.
CWP No.14728 OF 2006. 6
After giving our thoughtful consideration to the rival submissions,
we are afraid that we cannot accept the stand of the respondents, which to
our mind is devoid of any merit.
It is undisputed that the petitioner on account of his almost 23
years of unblemished service was granted the pay scale of Rs.700-1100 as
Senior Lecturer w.e.f. 1.11.1966. At that time there were three categories of
teaching personnel in the Government Colleges based on the length of
service i.e. Lecturer in the scale of Rs.300-600, Lecturer Senior Scale in the
scale of Rs.400-800 and Lecturer Selection Grade in the scale of Rs.700-
1100. It is also not disputed that the petitioner after rendering almost 32
years of meritorious service retired on 28.2.1975 from the post of Senior
Lecturer in the pay scale of Rs.700-1100 and accordingly his pension was
fixed. Thereafter vide instructions dated 25.2.1977 (Annexure P-7), all the
three cadres of teaching personnel in the Government Colleges were
merged into single cadre of Lecturer in the pay scale of Rs.700-1600
retrospectively w.e.f. 1.1.1973. The pension of the petitioner was
accordingly re-fixed in the scale of Rs.700-1600. By no stretch of
imagination this retrospective merger for the purpose of grant of higher
pay scale can operate to his disadvantage to mean that the petitioner had
been demoted to the post of Lecturer, since he had already retired as Senior
Lecturer.
It is further undisputed that selection grade of Rs.1200-1840
w.e.f. 10.10.1983 was granted to the Lecturers. It is also not in dispute that
the criterion for grant of selection grade to the Lecturers was 15 years of
service as Lecturer. Therefore, hypothetically speaking and notionally
fixing the pay scale of the petitioner it cannot be denied that the petitioner
CWP No.14728 OF 2006. 7
would have been or is entitled to be placed in the selection grade of Lecturer
and thus be re-designated as Lecturer Selection Grade (admittedly the
petitioner had been granted grade of Senior Lecturer after 23 years of
service).
It is further undisputed that w.e.f. 1.1.1986 the three tier
categorisation of teaching personnel was revived with the nomenclature of
Lecturers, Lecturers Senior Scale and Lecturers Selection Grade (in place of
earlier designated Senior Lecturers) in the pay scales of Rs.2200-4000,
3000-5000 and 3700-5700 respectively. It is further admitted that the pay
scale of Rs.3000-5000 for a Lecturer Senior Scale came into existence w.e.f.
1.1.1996. Respondents have not been able to explain as to how and on what
basis all the Lecturers prior to 1.1.1986, who were in the pay scale of
Rs.700-1600 would have been placed in the revised scale of Rs.2200-4000
or the newly sanctioned pay scale of Rs.3000-5000. Therefore, to place the
petitioner notionally in the pay scale of Rs.2200-4000, admissible to a
Lecturer with minimal length of service in the three tier classification of
teaching personnel, despite his almost 32 years unblemished service defies
any reasoning or logic. Hence, in our considered opinion, the action of the
respondents in notionally placing the petitioner in the pay scale of Rs.2200-
4000 w.e.f. 1.1.1986 (admissible to a Lecturer at the initial stage of his
appointment) by ignoring his length of service and placement in the
highest category of teaching personnel at the relevant time i.e. Senior
Lecturer is grossly unjust and arbitrary. On the same parity of reasoning,
the placement of the petitioner for the purpose of re-fixing his pension in
the corresponding scale of Rs.8000-13500 is also arbitrary.
Therefore, in the facts and circumstances of the case we find that
CWP No.14728 OF 2006. 8
the petitioner is entitled to pensionary benefits/ re-fixation of his pension in
terms of instructions dated 25.8.2005 (Annexure P-2) by notionally fixing
his pay in the pay scale of Rs.3700-5700 w.e.f. 1.1.1986 and corresponding
scale of Rs.12000-18300 w.e.f. 1.1.1996 as the post last held by him at the
time of his retirement was that of a Senior Lecturer, i.e. the highest category
amongst teaching personnel of Government Colleges, on account of his
meritorious length of service.
In view of the above, we allow the writ petition and direct the
respondents to re-fix the pension of the petitioner in terms of instructions
dated 25.8.2005 (Annexure P-2) by notionally fixing his pay in the pay scale
of Rs.3700-5700 w.e.f. 1.1.1986 and corresponding scale of Rs.12000-
18300 w.e.f. 1.1.1996. Since the qualifying service of the petitioner is less
than 33 years, he would be granted pro rata pension as provided by the
instructions dated 25.8.2005 (Annexure P-2).
The payment of arrears on account of such re-fixation shall be
restricted to 38 months prior to the filing of the writ petition. The petitioner
shall, however, be not entitled to any interest on such arrears.
The respondents are further directed to do the needful within three
months from the date of receipt of a certified copy of this order, failing
which the petitioner shall be entitled to interest @ 12% on such arrears from
the date they became due till the date of realisation.
(Jaswant Singh)
Judge
8.8.2008. (Jasbir Singh)
joshi Judge