STATE OF PUNJAB Vs. GIAN CHAND
LAWS(SC)-2012-12-68
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on December 13,2012

STATE OF PUNJAB Appellant
VERSUS
GIAN CHAND Respondents

JUDGEMENT

- (1.) Leave granted in all the Special Leave Petitions. CAs @ SLP (C) Nos. 25856/08, 18878/10, 22841/09, 23121/10, 23607/10, 25387/12, 27327/08, 3110/12 and 9569/10
(2.) Petitioners before the High Court and Respondent Nos.1 to 26 before this Court, were in service of the Punjab State Electricity Board (for short, the 'PSEB') on different posts. All these respondents superannuated on different dates between 31st July, 2003 and 30th October, 2006 after they had satisfactorily rendered the required years of service in PSEB. Though these respondents had retired on different dates, their grievance was common and hence all of them filed a common writ petition challenging the circular dated 29th July, 2003 issued by the Government. The circular dated 29th July, 2003 reads as under : "I am directed to invite a reference to the subject cited above and to say that the Governor of Punjab is pleased to prescribe a new table (copy enclosed) for present values for the calculation of commutation of pension to replace the present table incorporated as Annexure to Chapter XI of Punjab Civil Service Rules Volume II. This table supersedes the existing table with immediate effect and shall apply to all the cases of retirement arising on or after 31.07.2003. 2. Annexure to Chapter XI of Punjab Civil Services Rules shall be deemed to have been substituted accordingly. Correction slip shall be issued in due course. It may please be ensured that this is brought to the notice of all the employees who are retiring on or after 31.07.2003 inviting their attention to provisions of Note 2 below Rule 11.5(1) of Punjab Civil Services Rules, Volume-II."
(3.) The grievance of the respondents was in relation to the table of calculation of commutation of pension, which had been replaced to the disadvantage of the persons who had retired within the above-referred period. They pleaded violation of Article 14 of the Constitution of India.;


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