2016 Supreme(P&H) 1786

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
KULDIP SINGH, J.
JAGJIT SINGH AND OTHERS – Petitioner
VS.
STATE OF PUNJAB AND OTHERS – Respondents
CWP No. 17358 of 2015
Decided On : 09-09-2016

The main legal point established in the judgment is that government employees working in officiating capacity as Principal/Headmaster/Headmistresses are entitled to pension and retiral benefits based on the last pay drawn in their officiating capacity, and the State cannot fix two pays for the purpose of retirement and working in officiating capacity.

Headnote:

PENSION - Government Employees - Punjab Civil Services Rules Volume-II Rule 2.4, 3.12 - The court allowed the petitioners' claim for higher pay for the period they worked in officiating capacity as Principal/Headmaster/Headmistresses and were retired as such. The court quashed the order denying pension and retiral benefits based on the last pay drawn in their substantive post, directing the respondents to fix the pension and other retiral benefits on the basis of last pay drawn in their officiating capacity as Principal/Headmaster/Headmistresses.

Fact of the Case:

The petitioners, who worked in officiating capacity as Principal/Headmaster/Headmistresses, were denied pension and retiral benefits based on the last pay drawn in their substantive post. They approached the court seeking pension and other retiral benefits on the basis of last pay drawn while working in higher posts in officiating capacity.

Finding of the Court:

The court found that the petitioners were entitled to pension and retiral benefits based on the last pay drawn in their officiating capacity as Principal/Headmaster/Headmistresses, and quashed the order denying the same.

Issues: The main issue was whether the petitioners were entitled to pension and retiral benefits based on the last pay drawn in their officiating capacity as Principal/Headmaster/Headmistresses.

Ratio Decidendi: The court held that the State cannot fix two pays for the purpose of retirement and working in officiating capacity, and directed the respondents to fix the pension and other retiral benefits on the basis of last pay drawn in their officiating capacity as Principal/Headmaster/Headmistresses.

Final Decision: The writ petition was allowed, and a writ of mandamus was issued directing the respondents to fix the pension and other retiral benefits of the petitioners on the basis of last pay drawn by them in their officiating capacity as Principal/Headmaster/Headmistresses, except for petitioner Nos. 5, 6, and 16 in whose case the State was not opposing their claim. The petitioners were also awarded interest on the late payment of the retiral benefits and arrears.