LABH SINGH DHALIWAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this order, I propose to decide a bunch*of 89 writ petitions where the challenge is to the letter dated 06.01.2015 issued by the Punjab Government, Finance Department (Finance Pension Policy and Co-ordination Department) reiterating its earlier decision with regard to the date of implementation of the Instructions of the Government accepting the recommendations of the 5th Punjab Pay Commission on pension and other cumulative benefits with effect from 01.12.2011 in pursuance to and in compliance with the judgment dated 09.07.2014 passed by the Division Bench of this Court in LPA No. 1857 of 2013 titled as State of Punjab vs. Rattan I and others vide which directions were issued to the State of Punjab to take a fresh decision with regard to the date of implementation of the decision contained in the letter dated 15.12.2011.

(2.) The grievance of the petitioners is that vide letter dated 15. 12.2011, Government of Punjab dispensed with the linkage of full pension with qualifying service of 33 years and took a decision that a Government employee having rendered minimum qualifying service of 25 years, would be admissible to pension equal to 50% of the emoluments or average emoluments received during the last 10 months of his service, whichever is beneficial to him. It was clarified that these Instructions would not be applicable to the employees governed by the New Pension Scheme. Para No. 3 of the said Letter/Instructions stated that the orders shall come into force w.e.f. 01.12.2011 instead of 01.01.2006.

(3.) Aggrieved by this Letter, the employees who had retired between 01.01.2006 to 30.11.2011, approached this Court by filing various writ petitions challenging the cut off date fixed by the Government of Punjab which came up for hearing before the Single Bench and on consideration of the stands taken by the parties, the writ petitions were allowed vide judgment dated 16.08.2013 with the lead case being CWP No. 11373 of 2012 titled as Rattan I and others vs. State of Punjab, wherein it was held as follows:-