NAND KISHORE SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through this petition, 5 writ petitioners, who have retired from the aided sanctioned posts as Associate Professors from various non-Government aided colleges during the period 1/1/2006 to 30/6/2006, pray for the parity in the method of calculating the amount of pension with their colleagues who retired on or after the cut off date i.e.12/10/2010.

(2.) The State has enacted 'The Haryana affiliated Colleges (Security of Service) Act, 1979. Under the aforesaid Act, the State by notifying the Haryana Affiliated Colleges (Pension and Contributory Provident Fund) Rules, 1999 ( hereinafter referred to as the 1999 Rules) has made a provision for the grant of pension to the employees like the writ petitioners who have retired from the aided sanctioned posts of non-government aided colleges. The rules were amended in the year 2001. The petitioners are getting pension in accordance with the 1999 Rules. As per Rule 9, the pension is to be calculated at the rate of 50% of average pay of the last ten months, which is extracted as under:-

(3.) Pursuant to the recommendations of Sixth Pay Commission, the State of Haryana revised the pension scheme of govt. employees as well as of the retirees before 12/10/2010. The petitioners are also receiving revised pension. They are aggrieved by the circulars dtd. 12/10/2010 which has been further clarified/reiterated vide memo dtd. 18/4/2016. In the aforesaid circular, it has been provided that the employees who have retired on or after 1/1/2006 but before the date of issue of notification dtd. 12/10/2010, will continue to be governed by the provisions of the Pension Rules, 1999 as regards to the manner of calculating the amount of pension payable.