- (1.) The petitioners in all these eight writ petitions are identically situated whose grief is common. All these petitioners retired from service before 01.01.2006 and have been drawing pension on the basis of pre-revised scales which were prevalent at the time of their retirement. With effect from 01.01.2006, the State of Haryana has revised the pay scales on the lines of recommendations of the 6th Central Pay Commission. The pensions of these petitioners have also been revised as a consequence. However, the petitioners feel that they are discriminated against, as the manner of refixation of then-pension is not in tune with the revision in pay scales as accepted by the government and also that they are given different treatment than that given to the employees retiring after 01.01.2006. As a consequence, their pension is fixed at lower amount than the one being given to the retirees after 01.01.2006. It is this differential treatment based on different formulae provided by the respondents - one for those retired before 01.01.2006 and different formulae for those retired after 01.01.2006 - which is challenged as violative of Article 14 of the Constitution of India. The difference in the fixation of pension for two categories of employees has come up in the circumstances enumerated hereafter. However, since these employees belong to different categories, but the principles on which the pension of the two categories are fixed are identical, for the sake of brevity, we take note of these circumstances from CWP No. 12638 of 2010. The petitioners in this writ petition, who are 27 in numbers, retired as Chief Engineers of Haryana Irrigation Department. As pointed out above, all these petitioners retired prior to 01.01.2006, as on 31.12.2005, these petitioners were getting pension on the basis of 50% of the notional pay or actual pay drawn (depending on the qualifying service) in the previous pay scale of Rs. 18400-22400 (which was the pay scale of the post of Chief Engineer revised earlier w.e.f. 01.01.2006 on the recommendations of the 6th Central Pay Commission).
(2.) It is a matter of common knowledge that 6th Central Pay Commission was constituted by the Government of India on 05.10.2006. It submitted its report on 24.03.2008, which was accepted by the Government of India. The Government of Haryana also adopted the same report in respect of its employees and made it effective from the same date, namely, 01.01.2006.
(3.) The State of Haryana had framed the following rules on the pattern adopted by the Central Government for implementation of the revised pay scales in respect of the employees serving in the State of Haryana:- (i) Haryana Civil Services (Revised Pay) Rules, 2008 notified vide notification GSR 45/Const/Art. 309/08 dated 30.12.2008. (ii) Executive instructions for implementation of the above said revised pay rules regarding fixation of pay and payment of arrears issued vide notification No. 1/83/2008/1PR(FD) dated 07.01.2009 alongwith fitment tables of pay fixation. (iii) Haryana Civil Services (Revised Pension) Part 1 Rules, 2009 applicable to pre-2006 pensioners issued vide notification No. 2/51/2008-1 Pension, dated 17.04.2009. (iv) Haryana Civil Services (Revised Pension) Part II Rules, 2009 applicable to post-2006 pensioners notified vide notification No. 2/51/2008-1 Pension dated 17.04.2009.;