IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Date of decision: 12.3.2013

CWP No. 10554 of 2012

M.S.Chawla and ors

......Petitioners

vs.

State of Punjab and ors

.....Respondents

CORAM: - HON’BLE MR. JUSTICE HEMANT GUPTA

HON'BLE MS. JUSTICE RITU BAHRI

Present: -

Mr. Sumeet Mahajan, Sr. Advocate with

Mr. Amit Kohar, Advocate for the petitioner.

Ms. Radhika Suri, Addl. A.G., Punjab

for respondents No. 1 and 2.

.......

Petitioners are the former judicial officers in the State of

Punjab. The grievance of the petitioners is that they have been

discriminated in the matter of grant of old age allowance with the

other employees of the State Government. The prayer is for

quashing of communication dated 21.3.2012 (Annexure P-10),

whereby it has been ordered to effect recoveries of the excess

payments made to the retired judicial officers who have drawn old

age allowance on completion of 65 and 75 years of age at the rate of

5% and 10% respectively as in terms of Hon'ble Mr. Justice E-

Padmanabhan Commission Report, the benefit of such allowance is

admissible only on completion of 80 years of age.

It is argued that in terms of the earlier instructions

dated 1.9.1989 issued by the State of Punjab, the old age allowance

was allowed on attaining the age of 70 years and 80 years @ 5% to

-2-

10% of the basic pension. The age for additional allowance was reduced

vide circular dated 22.11.2001(Annexure P-1) to 65 and 75 years from the

earlier age of 70 and 80 years. Subsequently, vide the circular dated

17.8.2009 (Annexure P-2), the pension of pre 1.1.2006 pensioners was

rationalized and additional quantum of pension was contemplated to be

payable @ 5% of the revised basic pension to the employees of the State in

respect of pensioners between the age of 65 and 75 years, whereas 10% of

the revised basic pension was granted to the petitioners in the age group of

75 to less than 80 years. The relevant extract from the said circular reads as

under: -

Age of pensioner/family pensioner Additional

quantum

of

pension/family pension

From 65 years to less than 75 years

5 percent of revised basic

pension/family pension

From 75 years to less than 80 years

10 percent of revised basic

pension/family pension

From 80 years to less than 85 years

20 percent of revised basic

pension/family pension

xxx

xxxx

100 years or more

100 percent of revised basic

pension/family pension

Such circular was subsequently revised on 22.12.2011

(Annexure P-3) by the State Government. The relevant extract from the

circular 22.12.2011 reads as under: -

Age of pensioner/family pensioner Additional quantum of

pension/family pension

From 65 years to less than 70 years

5 percent of revised basic

pension/family pension

From 70 years to less than 75 years

10 percent of revised basic

pension/family pension

From 75 years to less than 80 years

15 percent of revised basic

pension/family pension

xxx

xxxx

-3-

Age of pensioner/family pensioner Additional quantum of

pension/family pension

100 years or more

100 percent of revised basic

pension/family pension

Learned Counsel for the Petitioners contend that after the order

dated 26.7.2010 passed by the Hon'ble the Supreme Court in I.A. No. 244 in

Writ Petition No. (C) No. 1022 of 1989, All India Judges Association &

ors vs. Union of India and ors, approving the recommendations of

Hon'ble Mr. Justice Padmanabhan, the State Government has issued circular

Annexure P-9 to grant additional pension to the former judicial officers but

the benefits given by the State to all its employees cannot be denied to

judicial officers only on account of acceptance of recommendation of

Hon'ble Mr. Justice Padmanabhan. All employees of the State Government

are to be treated at par with such additional benefits, such are to be granted

in terms of recommendations of the commissions dealing with the service

conditions of the judicial officers.