JAGAT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of all the five cases captioned above as they can conveniently be decided by a common order, dispute being common.

(2.) The petitioners retired from service and were re-employed on different dates. They claim that during re-employment they have been inadequately paid. They rely on the notification dated 26.04.2011 issued by the Haryana Government, Education Department. Clause 8 of the notification guarantees to the petitioners that salary will be paid as per provisions of Punjab Civil Service Rules, Volume II i.e. last pay drawn minus pension.

(3.) The State has filed written statement in these cases and contest the claim of the petitioners urging that Rule 7.18 explains with reference to Rule 2.45 of the Punjab Civil Services Rules, Volume I, Part I, as applicable to Haryana that the term "pension" except when used in contradistinction to gratuity, includes "gratuity". There can, therefore, be no doubt that the pension equivalent of the gratuity which a Government servant receives on retirement under the New Pension Scheme (NPS) should be taken into account for the purpose of determining his pay during re-employment. Note 5 continues to explain as to how monthly of the lump sum gratuity is to be reckoned, the pension equivalent of the gratuity which a government servant received on retirement under the New Pension Scheme should be determined by applying the current Table of Commutation of Pension, the age of the person concerned being taken as the age next birth-day after retirement from government service. Note 5 provides flesh to Rule 7.18 which is the basic rule and is reproduced as below: