ISHWAR DASS SOOD Vs. H.P. VIDHAN SABHA

JUDGEMENT

(1.) BY medium of this petition, the petitioner has sought the following relief(s):-

(2.) THE brief facts necessary for adjudication of this petition are that as per instructions prevalent at the time of retirement of the petitioner on average emoluments of Rs.1982/-, his pension was worked out at Rs.723/- per month according to the slab formula applicable at that time and accordingly he was authorized pension at the rate of Rs.723/- per month vide letter No. Pen. III/Revision/PPO No.11392/HP/1-5/83-84/13470-73, dated 7.12.1984 (Annexure PC) by the Accountant General, Himachal Pradesh, Shimla. The petitioner started receiving the pension strictly on the basis of Annexure PC, but after recommendation of the Fifth Pay Commission, the Government ordered the regulations of pensionary benefits to the pre-1986 retirees vide instruction contained in Finance Department O.M. No. Fin (Pen) A(3)-1/96-Part-III dated 31st August, 1998 read with clarification issued vide O.M. No. Fin (Pen) A(3)-1/98-III dated 24.3.1999 (Annexures PK and PL) whereby the special pay admissible/attached with the revised pay scale as on 1.1.1986 was not to form part of reckonable emoluments for revising the pension. In sequel to the two communications dated 31.8.1998 and 24.3.1999 petitioner's pension was revised by respondent No.3 vide letter No. Pen. Cell/Pre- 1986-9-5/83-84/579-21 dated 12.5.1999 (Annexure R-1).

(3.) IN sequel to the decision of this Court, a decision has been taken by the Principal Secretary (Finance) which was addressed to the Secretary (GAD) on 30.10.2003. This communication has been placed on record of this petition vide Annexure R-2. It is mentioned therein that the pension of Himachal Pradesh Government pensioners is determined under CCS(Pension) Rules, 1972, whereas the pay scales of Himachal Pradesh State employees are based on the Punjab pattern. It is further mentioned therein that although the pay scales of Himachal Pradesh employees are based on Punjab pattern, yet the reckonable emoluments for the purpose of pension is drawn according to CCS(Pension) Rules, 1972 and Fundamental Rules. In the communication, dated 30.10.2003 there is reference of two letters, i.e. O.M. No.45/86/97-P&PW(A) Part-III dated 19.3.1999 and O.M. No. Fin(Pen)A(3)-1/98 dated 24.3.1999 whereby it has been conveyed that the special pay is not to be treated as emoluments for the purpose of computation of pension on the basis of pay fixed on notional basis in respect of pensioners who have retired on or after 1.1.1986 and have opted for revised pay scales. The copies of these two office memorandums are placed on record vide Annexures R-1 and R-2 by respondent No.2. The expression 'pay' as mentioned in office memorandum dated 19th March, 1999 is reproduced as under:-