HARNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Invoking the jurisdiction of this Court, the petitioners in this petition have prayed for the issuance of a writ in the nature of certiorari quashing the instructions dated July 16, 1998 issued by the Punjab Government vide which the pension payable to the petitioners who retired from service between Jan. 1996 to Sept. 16, 1996 has been refixed.

(2.) Shri Sushant Maini, learned Deputy Advocate-General has stated that the letter dated July 16, 1998 Annexure P.1 regarding the implementation of the recommendations of the Fourth Punjab Pay Commission regarding pension and other retiral benefits and the subsequent letter dated Sept. 24, 1999 have been substituted by letter dated 6.4.2000/5.5.2000 issued by the Government of Punjab, Department of Finance and Personnel. As per latter dated 6.4.2000/5.5.2000, employees retiring on or after 1.1.1996 who had opted for 31.12.1995 as the deemed dated of retirement will be entitled to gratuity and commutation of pension according to rules applicable on the actual date of retirement. It is, therefore, stated that in view of this letter, case of the petitioners as well as others who are similarly situated is being considered by the Department concerned.

(3.) In view of the above, this petition is disposed of with the direction to the respondents to consider the case of the petitioners in accordance with letter dated 6.4.2000/5.5.2000, subject to the implementation of Government's decision relating to pension etc., within a period of six months from the date of receipt of a copy of this order along with a copy of this writ petition. In case the petitioners are not found entitled to the relief claimed, the matter be disposed of by passing a reasoned order, which shall be communicated to the petitioners. Ordered accordingly. Order accordingly.