JUDGMENT
J.S. Narang, J.
1. The short question which is involved is that the petitioner is entitled to benefit of special pay as recommended by the Third Punjab Pay Commission which had recommended as under :-
“It is to address you on the subject cited above and to say that in pursuance of the recommendations of Third Punjab Pay Commission, the President of India has been pleased to decide that the existing rate of special pay, wherever already attached with the existing scale of pay of a post shall stand doubled subject to maximum of Rs. 500/- with effect from 1st January, 1986, or the date from which special pay has been sanctioned, whichever is later.
By way of illustration, the revised rates of special pay of certain categories of posts are given in the An-nexure.
2. Further, it is requested that a review of cases in which special pay already stands sanctioned, may kindly be conducted, so as to ensure that it is sanctioned very sparingly and strictly in accordance with the criteria laid down in Rule 2.52, of the Punjab Civil Services Rules, Volume I, Part I. The outcome of review so conducted may please be intimated to the Department of Finance within a period of two months from the date of issue of this letter.
No. 10/7/88-FPI/7978 dated Chandigarh, the 30th August, 1988.”
The said recommendation was enforced by virtue of a communication dated 30.8.1988 issued to all Heads of Departments by the Department of Finance, Government of Punjab.
2. The resultant effect is that the special pay which was drawn by the employees shall stand doubled subject to maximum of Rs. 500/- and shall be given effect w.e.f. 1.1.986. The petitioner, therefore, would be entitled to the benefit and the resultant effect will be on the pension.
3. The stand of the Government is that the enforcement was made, relating to the Third Punjab Pay Commission, vide communication dated 30.8.1988 copy Annexure R-II. However, subsequently the clarification regarding revision of pension/family pension was
made in the light of recommendation of the IVth Punjab Pay Commission. Reference has been made to the excerpt which reads as under :
“Revision of pensionary benefits in respect of pre-1.1.1986 retirees.
a) Admissibilify of Special pay.
Only the amount of special pay, actually drawn by a pensioner at the time of his/her retirement/death, will be counted for computing pension.
b) Family pension
This matter requires discussion in the implementation committee. A decision will be conveyed in due course.
4. The stout of the respondents is that as per the IVth Punjab Pay Commission only the amount of special pay actually drawn by pensioner at the time of his/her retirement/death will be counted for computing pension and that this had been promulgated by the Government in respect of the retirees pre- 1.1.1986.
5. I am afraid that the contention of Learned Assistant Advocate General cannot be accepted. The rec-. ommendation of the Third Punjab Pay Commission was to the effect that the existing rate of special pay wherever already attaphed with the existing scale of pay of a post shall stand doubled but the maximum limit was fixed at Rs. 500/- and the said relief was to be made applicable w.e.f. 1.1.1986. The interpretation of the recommendation of Third Punjab Pay Commission is that the pre-retiree of 1st January 1986 was also to he given the benefit i.e. special pay was to be made double but the effect of the same was not to be given from the date when the special pay had been sanctioned but was to be given effect from January 1, 1986. The illustration has also been attached with Annexure R-2 which clearly reflects that wherever the existing special pay is defined the same shall be read as double. Admittedly this benefit has not been passed on to the petitioner and the contention is that every benefit as per the recommendation of the Third Punjab Pay Commission had been given accordingly.
6. It is not decernible from the facts brought on record as to whether the said benefit had been passed on to the petitioner or not. It is on August, 10, 1999, the clarification is issued regarding revision of pension/family pension in the light of recommendation of IVth Punjab Pay Commission. It is clarified that revision of pensionary benefits in respect of pre- 1.1.1986 retirees so far as the admissibility of special pay is concerned the same shall be as it was being actually drawn by the petitioner at the time of his/her retirement. However, it is not clarified as to whether actually drawn shall mean after taking into effect the recommendation of the Third Punjab Pay Commission i.e. reading special pay as double. So far as pre-retirees on 1.1.1986 are concerned, it has to be read to the benefit of the said retirees. It cannot be expected that the recommendation would not be given effect to in respect of the said retirees becaue the Third Punjab Pay Commission had recommended that the special pay
shall be made double but the effect shall be given w.e.f. 1.1.1986. It is further stated that the effects relating to pensionary benefits shall come into force w.e.f. 1.1.1986. However, pre- retirees of 1.1.1986 shall also be entitled to the benefit. If a person has been accorded special pay after 1.1.1986, the benefit of making the same as double would be effective from the date when special pay was granted and abviously not from 1.1.1986.
7. In view of the above the petition is allowed and the order dated 30.11.1998 copy Annexure P-7 is quashed. Respondents are directed to give requisite benefit to the petitioner in accordance with the re-commnedation made by the Third Punjab Pay Commission as has been interpreted above. The arrears already stand restricted w.e.f. 1.1.1996, as such, no further direction is required to be given in this regard.
Parties are directed to bear their own costs.
8. Writ petition allowed.