STATE OF HIMACHAL PRADESH Vs. TARA DUTT SHARMA

JUDGEMENT

(1.) Vide this judgment, the above mentioned three appeals would be disposed of as the issue involved in all these cases is the same.

(2.) The instant appeals have been filed by the appellants-State, assailing the impugned common order dtd. 15/7/2021, passed by the learned Single Judge in the petitions (CWPOA Nos.6391, 6220 and 7876 of 2019) filed by the respondents-petitioners, thereby while allowing the petitions, it was ordered that the revised pension in terms of Office Memorandum dtd. 21/5/2013, shall be payable to the respondents-petitioners w.e.f. 1/1/2006 alongwith\ arrears. For avoiding repetition of facts, the pleadings raised in CWPOA No.6391 of 2019 shall be taken up for discussion.

(3.) According to the respondents-petitioners, after attaining the age of superannuation, they retired from the Government service prior to 1/1/2006 and their pre-revised pay scales were revised vide Resolution dtd. 29/8/2008. The Central Government accepted the recommendations of 6th Pay Commission, whereby the pension was required to be 50% of the average emoluments received during the past 10 months or the last pay drawn, whichever was more beneficial to the retiring employee and the revised pension structure was to become effective from 1/1/2006 and 40% of the arrears were to be paid in cash for the years 2006-09 and the remaining 60% in the years 2009-10. The recommendation No.2, accepted by the Government, was as follows:-