J.S. Narang, J. - (1.) The short question which is involved is that the petitioner is entitled to benefit of special pay as recommended by the Third Punjab Pay Commission which had recommended as under : - "It is to address you on the subject cited above and to say that in pursuance of the recommendations of Third Punjab Pay Commission, the President of India has been pleased to decide that the existing rate of special pay, wherever already attached with the existing scale of pay of a post shall stand doubled subject to maximum of Rs. 500/ - with effect from 1st January, 1986, or the date from which special pay has been sanctioned, whichever is later. By way of illustration, the revised rates of special pay of certain categories of posts are given in the Annexure.
(2.) Further, it is requested that a review of cases in which special pay already stands sanctioned, may kindly be conducted, so as to ensure that it is sanctioned very sparingly and strictly in accordance with the criteria laid down in Rule 2.52, of the Punjab Civil Services Rules, Volume I, Part I. The outcome of review so conducted may please be intimated to the Department of Finance within a period of two months from the date of issue of this letter. No. 10/7/88 -FPI/7978 dated Chandigarh, the 30th August, 1988." The said recommendation was enforced by virtue of a communication dated 30.8.1988 issued to all Heads of Departments by the Department of Finance, Government of Punjab. 2. The resultant effect is that the special pay which was drawn by the employees shall stand doubled subject to maximum of Rs. 500/ - and shall be given effect w.e.f. 1.1.986. The petitioner, therefore, would be entitled to the benefit and the resultant effect will be on the pension.
(3.) The stand of the Government is that the enforcement was made, relating to the Third Punjab Pay Commission, vide communication dated 30.8.1988 copy Annexure R -II. However, subsequently the clarification regarding revision of pension/family pension was made in the light of recommendation of the IVth Punjab Pay Commission. Reference has been made to the excerpt which reads as under : "Revision of pensionary benefits in respect of pre -1.1.1986 retirees. a) Admissibility of Special pay. Only the amount of special pay, actually drawn by a pensioner at the time of his/her retirement/death, will be counted for computing pension. b) Family pension This matter requires discussion in the implementation committee. A decision will be conveyed in due course.;