SANT LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner was appointed JBT Teacher on September 20, 1962. He retired from service on Feburary 29, 1992. While in service, he was not given the benefit of selection grade, which was accepted by the Government on the basis of the report of the Pay Commission. Consequently, while computing the retiral benefits, the salary drawn by him without the benefit of selection grade alone was reckoned. Therefore, he has approached this court inter alia praying for the recomputation of retired benefits after extending the benefit arising out of the decision in Civil Writ Petition No. 2143 of 1994 which was extended to him vide Annexure P2 order dated October 26, 1995.

(2.) On behalf of the respondents, a detailed written statement has been filed. Contention taken therein is that even though selection grade was granted to petitioner with retrospective date, he did not actually draw any salary on that basis and, therefore, he is not entitled to recomputation of pension in the light of rule 6.24(vii) of the Punjab Civil Services Rules , Volume II Part I as applicable to Haryana.

(3.) JBT Teachers approached this Court by filing Civil Writ Petition No. 2143 of 1994 for a direction to the Government to grant selection grade on the basis of the total cadre strength including permanent and temporary posts with all consequential benefits. A Division Bench of this Court disposed of that writ petition observing that :