BRIJ LAL JINDAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common order, above-mentioned two Civil Writ Petitions are being disposed of as they involve the same question of law and have similar facts. For the sake of convenience, the facts are being extracted from CWP No.8096-2014 titled 'Brij Lal Jindal Vs. State of Punjab and others'.

(2.) Petitioner in CWP No.8096-2014 joined the service in PCMS cadre on 01.01.1956. In the year 1981, he sought premature retirement from service and he was accordingly retired on 31.08.1981. Vide notification dated 19.05.1988, the pay-scales were revised by the 4 th Pay Commission and the pay-scales of the post of Civil Surgeon, which was being held by the petitioner, at the time of his retirement, was revised to 12000-15500 and 14300-18150 after 14 years of regular service. Thereafter, the State Government took a policy decision in the year 2005, vide notification dated 25.08.2005 that the employees, who retired prior to 01.01.1986 are also entitled to the basic pension, which is not less than 50% of the revised pay scale of the post, which they were holding at the time of their retirement and the said benefit was admissible to them w.e.f. 01.01.1996.

(3.) Keeping in view the above-said notification, the pension of the petitioner was fixed by the respondents. While fixing the pension, there was some disputes as to whether, the Non Practicing Allowance (for short 'NPA') was to be included into the scale for computing the pension or not. Further, in view of the representation(s) filed by various authorities, ultimately, the pension of the employees, who retired prior to 01.01.1986, was fixed by granting them the pension. The revised pension of the petitioner was fixed vide order dated 31.01.2011 (Annexure P-5).