COCP-3103-2018 (O&M) and

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connected cases

2023:PHHC:070265

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

I.

COCP-3103-2018 (O&M)

Reserved on : May 12, 2023

Date of Decision : May 16, 2023

Karanvir Singh and others

…..Petitioners

Vs.

Anirudh Tiwari and another

...Respondents

II.

COCP-3389-2017 (O&M)

Dev Raj Goyal and others

…..Petitioners

Vs.

Rahul Tiwari, IAS and others

...Respondents

III.

COCP-166-2019 (O&M)

Jiwan Shahi and others

…..Petitioners

Vs.

Anirudh Tiwari

...Respondent

IV.

COCP-1900-2019 (O&M)

Subhash Rani and others

…..Petitioners

Vs.

Anirudh Tiwari and others

...Respondents

V.

COCP-3521-2017 (O&M)

Shashi Kant and others

…..Petitioners

Vs.

Anirudh Tiwari

...Respondent

SATISH KUMAR

2023.05.18 13:56

I attest to the accuracy and

integrity of this document

COCP-3103-2018 (O&M) and

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2023:PHHC:070265

VI.

COCP-3858-2017 (O&M)

Mool Raj Chauhan and others

…..Petitioners

Vs.

Anirudh Tiwari and others

...Respondents

VII.

COCP-3834-2017 (O&M)

Satish Kumar and others

…..Petitioners

Vs.

Jaspreet Talwar

...Respondent

VIII.

COCP-2881-2019 (O&M)

Surinder Singh Sodhi and others

…..Petitioners

Vs.

Vijaynamdeo Rao

...Respondents

IX.

CM-381-CII-2021 in/and

COCP-2109-2020

Ashok Kumar Parinja and others

…..Petitioners

Vs.

Sarvjit Singh, IAS and others

...Respondents

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:

Harjeet Singh Minhas, Advocate

Mr. P.K. Madan, Advocate

Mr. Amrit Kaur, Advocate

Mr. Vikas Chatrath, Advocate

Mr. Rakesh Sobti, Advocate

Mr. Ashutosh Kaushik, Advocate

Mr. Harish Kumar Verma, Advocate

for the petitioners.

Mr. Ayush Sarna, AAG, Punjab.

Mr. H.S. Jugait, Advocate

for the Accountant General, Punjab.

SATISH KUMAR

2023.05.18 13:56

I attest to the accuracy and

integrity of this document

COCP-3103-2018 (O&M) and

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connected cases

2023:PHHC:070265

ARVIND SINGH SANGWAN, J.

The above-mentioned contempt petitions have been arisen

out of similar order dated 18.12.2017 passed in COCP-3777-2017 as well

as order dated 30.9.2016 passed in CWP-2866-2014.

The operative part of order of the writ Court reads as

under :-

“Therefore, the Division Bench while concluding,

observed as under:-

(34) In the case in hand though the circular dated

15.12.2011 (P-4) is 'prospective' in nature but by

virtue of Para 4.2 of the circular dated 17.08.2009

read with Para 2 of circular dated 22.02.2010, such

prospective decision has a retroactive effect on the

antecedents, namely, the pension amount of

pre-01.01.2006 retirees. As the object and purpose of

all the circulars is to grant benefits and as such these

are to be classified as beneficial subordinate

legislation, they are to be given effect liberally and

widely. Pre-01.01.2006 retirees, therefore, are entitled

to re-fixation of their pension as per the circular dated

15.12.2011 but without any retrospective effect,

namely, only from the date when the competent

authority made it effective w.e.f. 01.12.2011.

(35) Para 3 of the circular dated 15.12.2011 cannot

take away the effect and implications of Para 4.2 of

the circular dated 17.08.2009 or of Para 2 of the later

circular dated 22.02.2010 as both the circulars are

meant for re-fixation of pension of pre-01.01.2006

SATISH KUMAR

2023.05.18 13:56

I attest to the accuracy and

integrity of this document

COCP-3103-2018 (O&M) and

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2023:PHHC:070265

retirees. The circular dated 15.12.2011 neither

modifies nor supersedes the previous circulars. Those

circulars independently cover and govern their own

field of fixation of pension of pre-01.01.2006 retirees.

(36) As a result of the above discussion, it is held that

the circular dated 15.12.2011 is retroactive in nature

and the benefit of fixation of higher pay of various