C.W.P.No.19283 of 2010
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Date of Decision:- 25.07.2012
C.W.P.No.19266 of 2010
Satyapal Yadav and another ....Petitioner(s)
vs.
State of Haryana and another ....Respondent(s)
C.W.P.No.19283 of 2010
Laxmi Narain Sangwan and others ....Petitioner(s)
vs.
State of Haryana and another ....Respondent(s)
C.W.P.No.19419 of 2010
Samar Singh Saran and others ....Petitioner(s)
vs.
State of Haryana and others ....Respondent(s)
C.W.P.No.19661 of 2010
Ram Labhaya Arora and others ....Petitioner(s)
vs.
State of Haryana and others ....Respondent(s)
C.W.P.No.19856 of 2010
D.P.Bhanot and others ....Petitioner(s)
vs.
State of Haryana and others ....Respondent(s)
C.W.P.No.20163 of 2010
Bachan Jindal and others ....Petitioner(s)
vs.
State of Haryana and others ....Respondent(s)
C.W.P.No.20381 of 2010
Mrs.Geeta Chaudhary and others ....Petitioner(s)
vs.
State of Haryana and another ....Respondent(s)
C.W.P.No.20474 of 2010
Charanjit Lal Katyal ....Petitioner(s)
vs.
State of Haryana and another ....Respondent(s)
C.W.P.No.190 of 2011
Dr.Nirmla Mittal ....Petitioner(s)
vs.
State of Haryana and others ....Respondent(s)
C.W.P.No.6048 of 2012
Smt. Promila Sagar and others ....Petitioner(s)
vs.
State of Haryana and others ....Respondent(s)
C.W.P.No.10576 of 2012
Smt.Kaushal K.Rao ....Petitioner(s)
C.W.P.No.19283 of 2010 -3-
vs.
State of Haryana and others ....Respondent(s)
***
CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE
MASIH
***
Present:- Mr.R.K.Malik, Sr. Advocate with
Mr.Vijay Dahiya, Advocate, for the petitioner.
Mr.R.N.Lohan, Advocate for the petitioners in CWP Nos.19419,
19661, 19856 and 20163 of 2010.
Mr.Sanjay Vashisth, Advocate for the petitioner in
CWP No.20381 of 2010.
Mr.K.K.Garg, Advocate for the petitioners
in CWP No.190 of 2011
Mr.Ravi Verma, Advocate for the petitioners in
CWP Nos.6048 and 10576 of 2012.
Mr.Harish Rathee, Sr.D.A.G., Haryana.
Mr.Ranjeevan Gupta, Advocate for Mr.Vikas Chatrath,
Advocate for respondents No.4-SBI (CWP Nos.19661, 20163 &
19419 of
2010).
Mr.Harsh Aggarwal, Advocate for PNB-respondent No.7 (CWP
No.19661 of 2010) No.6 (CWP No.19856 of 2010) No.5 (CWP No.20163 of 2010)
***
AUGUSTINE GEORGE
MASIH, J.
By this order, I propose to dispose of eleven writ petitions
i.e.
CWP Nos.19266, 19283, 19419, 19661, 19856, 20163, 20381, 20474
of
2010, 190 of 2011, 6048 and 10576 of 2012 wherein challenge has
been laid to the order dated 07.09.2010 passed by the Higher Education
Commissioner, Haryana vide which pension/family pension of the
petitioners has been ordered to be reduced.
With the consent of the counsel for the parties, these writ petitions
are taken up for hearing together as common questions of fact and law are
involved. Facts, for the sake of convenience, are being taken from CWP No.19283
of 2010.
I have heard counsel for the parties and with their assistance
have gone through the records of the case.
Petitioners/spouses of the petitioners, who were working as
Lecturers/Librarians were granted the selection grade and they
continued to draw the same for more than 3 years prior to their retirement. Not
only this, they were granted the selection grade 3 years' prior to 1.1.1996.
The selection grade of Lecturers/ Librarians w.e.f. 1.1.1986 was Rs 3700-5700 which
was revised to Rs 12000-18300 w.e.f. 1.1.1996. At the time of their retirement,
they were getting selection grade of Rs 12000-18300 and had more than 3 years
of service in the selection grade prior to 1.1.1996.
Government of India, Ministry of Human Resources Development,
Department of Higher Education, on the recommendations of the University Grants
Commission (UGC) revised the scales of teachers and equivalent cadres in the
Universities and Colleges vide letter dated 31.12.2008.
In pursuance to the Government of India letter dated 31.12.2008
and the University Grants Commission's letter dated 26.6.2009 approving the
fitment table notified by the Government of India for fixation of pay of the
incumbents, who were holding position as on 1.1.2006 in various categories of
posts. The Government of Haryana vide notification dated 24.8.2009 constituted
a Committee of Officers comprised of the Chief Secretary, Finance Secretary and
Education Secretary, Haryana to study various recommendations made by the
Ministry of Human Resources Development, Government of India and recommendation
of the U.G.C. to make its independent recommendations to the State Government for
appropriate action.
As per the Government of India letter dated 31.12.2008, it was
decided that there shall be only three designations in respect
of teachers in the Universities and Colleges, namely, Assistant Professors,
Associate Professors and Professors and there shall be no change in the present
designation in respect of Library and Physical Education Personnel at various
levels. The pay of teachers and equivalent posts in Universities and Colleges
was fixed according to their designation in two pay-bands of Rs 15600-39100/-
and Rs 37400-67000/- with appropriate 'Academic Grade Pay' (for short 'AGP').
It was further decided as per clause (ix) that the incumbent Readers and
Lecturers (Selection Grade) who have completed three years in the current
pay-scale of Rs 12000-18300/- on 1.1.2006 shall be placed in the Pay Band of Rs
37400-67000/- with AGP of Rs 9000/- and shall be re-designated as
Associate Professor. Under clause (x), those incumbent Readers and Lecturers
(Selection Grade) who had not completed three years in the pay-scale of Rs
12000 - 18300/- on 1.1.2006 were to be placed at an appropriate stage in the Pay
Band of Rs 15600-39100/- with AGP of Rs 8000/- till they complete three years
of service in the grade of Lecturer (Selection Grade)/Reader and thereafter
shall be placed in the higher Pay Band of Rs 37400-67000/- and accordingly
re-designated as Associate
Professor.
On due consideration of various recommendations made by the
Government of India letter dated 31.12.2008 and in continuation
with the State Government notification dated 20.8.2009 vide which revised
structure of pay of teachers and equivalent teachers in Universities and
Colleges in Haryana based on the Fitment Table of the UGC, order dated
27.8.2009 (Annexure P-3) was issued by the Government of Haryana, Finance Department.
In clause A thereof, it was decided as follows:-
“A. Subject
to further guidelines to be received from U.G.C. and other Rules/Guidelines
applicable in this regard if any;
i) The
Lecturers, Lecturers (Senior Scale) and Lecturers (Selection Grade), who have
not completed 3 years of service as such on or before 31.12.2008 working in
Universities and Colleges in Haryana shall be designated as Assistant
Professors in the Pay Band of Rs.15600-39100 with appropriate Academic Grade
Pay as per notifications of the Government of India.
ii) The
incumbent Readers and Lecturers (Selection Grade) who had completed 3 years of
service as such on or before 1.1.2006 shall be placed in the pay band of
Rs.37400-67000 with AGP 9000 w.e.f. 1.1.2006 and shall be re-designated as Associate
Professors.
iii) The
incumbent Readers and Lecturer (Selection Grade) who have completed 3 years as
such after 1.1.2006 but on or before 31.12.2008 shall be placed in the Pay Band
of Rs.37400-67000 with AGP 9000 w.e.f. the date on which he/she so completed 3
years of said service and shall be redesignated as Associate Professors.
B. All other
recommendations contained in the MHRD letter dated 31.12.2008 shall be
considered by a Committee of Officers notified vide Finance Department,
Government of Haryana orders dated August 24th, 2009 in the light of the regulations
and conditions to be received from the UGC and/or specific circumstances
obtaining in the State of Haryana, in the interest of organic growth and
development of higher education system in the State.”
Thereafter,
another order dated 2.9.2009 was issued by the Department of Finance,
Government of Haryana, vide which letter dated 27.8.2009 was clarified and a
Fitment Table no.4 was attached therewith which reads as follows:-
Pre-revised scale
Rs.12000-420-18300
|
Revised Pay Band + AGP
Rs.37400-67000 + AGP 9000
|
Revised Pay
|
Pre-revised Basic Pay
|
Pay in the pay band
|
Academic Grade pay
|
Revised Basic Pay
|
13260
|
37400
|
9000
|
46400
|
13680
|
37400
|
9000
|
46400
|
14100
|
37400
|
9000
|
46400
|
xxx
|
xxx
|
xxx
|
xxx
|
In the meanwhile, Government of Haryana vide notification dated
17.4.2009 notified the Haryana Civil Services (Revised Pension) Part
I Rules, 2009 which were deemed to have come into force w.e.f.
1.1.2006. These Rules applied to all pensioners/family pensioners who were
drawing their pension/family pension or who were eligible/ entitled to
pension/family pension as on 1.1.2006 under the Punjab Civil Services Rules,
Vol.2, as amended from time to time, and as applicable to the pensioners/family
pensioners under the rule making power of Haryana Government. Rule 6 of these
Rules reads as follows:-
“Minimum
ceiling of pension/family pension
6. (1) The fixation of revised entitlement of
pension shall be subject to the provision that the revised entitlement of
pension so worked out shall, in no case, be lower than fifty percent of the
minimum of the pay in the pay band + grade pay in the corresponding revised
scale in terms of Haryana Civil Services (Revised Pay) Rules, 2008, or as the
case may be, Haryana Civil Services(Assured
Career Progression) Rules, 2008, to the prerevised pay scale from which the
pensioner had retired.
(2) The
entitlement of pension calculated at 50 per cent of the minimum of pay in the
pay band plus grade pay would be at the minimum of the pay in the pay band (irrespective
of the pre- revised scale of pay) plus the grade pay corresponding to the
pre-revised pay scale. For example, if a pensioner had retired in the
pre-revised scale of pay of Rs.18400-22400, the corresponding payband being
Rs.37400-67000 and the corresponding grade pay being, Rs.10,000/- per month his
minimum guaranteed pension would be 50 per cent of Rs.37,400 + Rs.10,000 that
is Rs.23,700/-.
(3) The
entitlement of pension is worked out in terms of sub-rules (1) and (2) above shall
further be reduced prorate in all cases here the pensioner had less than the minimum
service required for full pension as per rules as applicable on Ist January,
2006 and in no case it will be less than Rs.3500/- per month.”
While implementing these Rules, a clarification was sought by
various departments with regard to Rule 6, one of which was, in
cases where scales of posts from which the employees retired, has been revised upwards
after the employee retired whether with effect from any date after 1.1.1986?
The corresponding upward revised pay-scale is to be taken into account for the
purpose of this Rule. This was answered by the Finance Department, Government
of Haryana, vide office memorandum dated 10.7.2009 which reads as follows:-
“(b) The entitlement
of pension has no correlation with the subsequent upward revision of pay, if
any, or for that matter the current subsequent scale of pay of the post from
which the employee retired and is to be relatable only to the pay drawn in the
admissible scale of corresponding pay at the time when the employee retired and
pension was sanctioned. Thus, the relevant scale of pay as
mentioned in column 2 and 3 of Annexure-I shall corelate independently with the
figures mentioned under columns 4 and 8 without any other intermediate extrapolations
or any account with reference to the scale of pay in which the retiree was
drawing his pay just prior to his retirement, death etc.”
Since the petitioners/spouses had completed more than 3 years
of service on or before 1.1.2006 in the selection grade of Rs 12000- 18300,
their pension was fixed at Rs 23200 plus DA as admissible since 1.1.2006 placing
them in the minimum pay band of Rs 37400- 67000/-. They were drawing pension in
this pay-scale when the impugned letter dated 7.9.2010 was issued by the Higher
Education Commissioner, Haryana, according to which the fixation of pension/ family
pension of the petitioners was wrong and it was stated that the retired
Lecturers (Selection Grade) before 1.1.2006 were entitled to the pay scale of Rs
15600-39100, according to which the minimum pension would be Rs 11800/- plus DA
as admissible w.e.f.
1.1.2006. In the light of this letter, which was addressed to
the banks from where the petitioners were drawing their pension, their pension
has been reduced and recovery of the excess payment was initiated by the banks.
Petitioners have placed on record letter dated 15.12.2009 issued
by the Government of India which relates to the revision of pension of pre-2006
pensioners/family pensioners who retired as Readers/ Lecturers (Selection Grade)
and equivalent cadres clarifying therein that those pensioners, who had retired
from the posts in the pre- revised scale of pay of Rs 12000-18300/- (or the
corresponding pay-scales applicable prior to 1.1.1996) and those incumbents who
had completed 3 years of service in the pay-scale of Rs 12000-18300 prior to
their retirement (and/or the corresponding pay-scale(s) applicable prior to
1.1.1996) shall be placed at the minimum of the Pay Band of Rs 37400-67000 with
AGP of Rs 9000/- for revision of their pension/family pension w.e.f. 1.1.2006.
The same position was reiterated vide letter dated 1.7.2010 by asserting that
the revised pension, in no case, shall be lower than 50% of the minimum of the
pay in the pay band plus the grade pay corresponding to the pre- revised pay
scale from which the pensioners had retired.
Petitioners have asserted that the impugned letter dated 7.9.2010
issued by the Higher Education Commissioner, Haryana, is not
sustainable as the claim of the petitioners is covered by the
decision of the Government of Haryana dated 27.8.2009 wherein it was clearly
mentioned that the Readers and Lecturers (Selection Grade) who had completed
three years' service as such shall be placed in the Pay Band of Rs 37400-67000 with
AGP of Rs 9000/- w.e.f. 1.1.2006. Prayer has also been made for quashing of the
impugned letter on the ground of violation of principles of natural justice as
no notice was issued to the petitioners prior to reduction of their pension.
In the light of the above what really comes out of the whole issue
is that the Government of Haryana in pursuance to the decision of the Government
of India dated 31.12.2008 accepted the same vide its letter dated 27.8.2009 and
granted the incumbent Readers and Lecturers (Selection Grade), who had
completed 3 years of service on or before 1.1.2006, to be placed in the Pay
Band of Rs 37400-67000 with AGP of Rs 9000/- vide Fitment Table no.4 issued
along with order dated 2.9.2009 and the incumbent Deputy Librarian/Assistant
Librarian (Selection Grade)/College Librarian (Selection Grade) with 3 years'
service who had prerevised scale of Rs 12000-18100/- were placed in the revised
pay-band of Rs 37400-670000 plus AGP of Rs 9000/-.
Rule 6 of the Revised Pension Rules provides that the pensioner/
family pensioner shall not be entitled to pension lower than 50% of the minimum
pay in the pay band plus grade pay in the corresponding revised scale in terms
of the Haryana Civil Services Revised Pay Rules, 2008. This was clarified vide
office memorandum dated 10.7.2009 wherein it was mentioned that the entitlement
of pension would have no correlation with the subsequent upward revision of
pay, if any, from the post from which the employee retired and it would be relatable
only to the pay drawn in the admissible scale of corresponding pay at the time
when the employee retired and pension was sanctioned. When this clarification
is read along with the substantive rule and the scheme of pay revision, since the
petitioners had completed more than 3 years of service in the selection grade
prior to 1.1.2006, they were to be fixed in the Pay Band of Rs 37400-67000/- as
they were drawing selection grade of Rs 12000-18300/- prior to their
retirement. The clarification issued by the Higher Education Commissioner,
Haryana vide memorandum dated 7.9.2010 is, thus, against the decision taken by
the Government of Haryana and in violation of the Pension Rules, 2009.
The opinion of this Court finds support from the letter dated
15.12.2009 issued by the Government of India wherein while
dealing with the revision of pension of pre-2006 pensioners/family pensioners,
it has been clearly specified therein that Readers/ Lecturers (Selection Grade)
and Deputy Librarian (Selection Grade)/ College Librarian (Selection Grade) who
had completed 3 years of service in the pay-scale of Rs 12000-18300/- and/or
the corresponding pay-scale(s) applicable prior to 1.1.1996 shall be
placed in the minimum of the Pay Band of Rs 37400-67000 with AGP
of Rs 9000/- for revision of the pension/family pension w.e.f. 1.1.2006 which
has been reiterated by the Government of India in its letter dated 1.7.2010 wherein
it has been further stated that it has been asserted that the revised pension,
in no case, shall be lower than 50% of the minimum of the pay in the pay band
plus grade pay corresponding to the pre-revised pay-scale from which the
petitioner had retired. These letters although not adopted by the Government of
Haryana as such but are in consonance with the decision of the Government of
Haryana which is not only just and equitable but flows
from Government of India's letter dated 31.12.2008 which has
been duly adopted by the Government of Haryana vide letter dated 20.8.2009.
Since the petitioners admittedly had completed 3 years of service in the
prerevised scale of Rs 12000-18300, prior to their retirement, although before 1.1.2006,
they are held entitled to the fixation of pension by placing them in the
minimum pay band of Rs 37400-67000 with AGP of Rs 9000 or revision of their
pension/family pension w.e.f.1.1.2006.
In view of the above, writ petitions are allowed; impugned order dated 7.9.2010 passed by the Higher Education
Commissioner,
Haryana, cannot sustain and is hereby quashed. The consequential
benefits, which would include the amount which was recovered by the banks in compliance
with impugned order dated 7.9.2010, be released to the petitioners within a
period of two months from the date of receipt of certified copy of this order.
July 25, 2012 ( AUGUSTINE GEORGE MASIH
)
poonam JUDGE
