MUKHTIAR SINGH GILL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of aforementioned two civil writ petitions as common questions of facts and law are involved therein.

(2.) The facts are being taken from C.W.P. No. 18727 of 2013. The petitioner had joined the Police Department on 20.10.1971 and after rendering more than 33 years of service, he retired as Sub-Inspector/Accountant from the office of Senior Superintendent of Police, Ferozepur on 30.11.2004. While working as such, he had been drawing special pay of Rs.160.00 however, the same was stopped with effect from 01.03.1980 following instructions issued by the State government vide letter No. 7/1/97/FPI/314 dated 16.01.1998. The said action of the respondents was challenged by the similarly situated employees of the Police Department by way of CWP No. 3593 of 1992 Kamal Kishore and others Vs. State of Punjab and others decided on 28.04.2004 (Annexure P-1) which was disposed of with the following direction:-

(3.) After the decision in Kamal Kishore's case (supra), the respondents vide letter dated 205.2007 (Annexure P-3) decided to count special pay towards the component of pay. However, upon superannuation of the petitioner, special pay was not counted towards the pensionary benefits. The petitioner was compelled to file CWP No. 9022 of 2010. During the pendency of the said writ petition, it was decided that special pay would be counted towards the pensionary benefits. The State of Punjab had filed an affidavit that the special pay would be counted towards pensionary benefits. This was conceded by the State as noticed in the interim order dated 06.02.2013 which is reproduced as under:-