A.K.SIKRI, J. - (1.) DELAY condoned. These 9 appeals arise out of different orders passed by the learned single Judges in different petitions. However, subject matter of all the petitions was same. All the respondents in these appeals were the employees of the Municipal Corporations in the State of Haryana under the Director General, Urban Local Bodies, Haryana. They all retired before Ist April, 2010. Since they were having pensionable jobs, on their retirement from respective dates, they had started earning pension. The pay scales of the employees of the State of Haryana were revised on the recommendations of 6th Pay Commission and this revision took place with effect from 1.1.2006. On this basis all those who were on the strength of the rolls of the Haryana Government service got the benefit of pay scales. It is not in dispute that the benefit of pay revision was extended to the Municipal Corporations as well. On the basis of pay revision made effective from 1.1.2006, those ex-employees who were enjoying pension, also became entitled to revision in their pension. However, the Government decided to give the actual benefit of salary/pension only with effect from 1.4.2010, fixing 1.4.2010 as a date for this purpose stating that those retired before 1.4.2010 would not be entitled to arrears from 1.1.2006.
(2.) IN the aforesaid backdrop, the question that falls for determination is as to whether date of 1.4.2010 could be fixed as the cut-off date for actual arrears denying the benefit from 1.1.2006 even when the recommendations of the 6th Pay Commission are enforced from 1.1.2006. In the impugned judgments passed in the writ petitions filed by the respondents, it is held that fixing of date of 1.4.2010 is arbitrary with no rationale. It is not in dispute that enhanced scales were made applicable from 1.1.2006 and the respondents, in all the appeals, except LPA Nos.971, 1069, 1169 and 1256 of 2012, were in actual service on that date. The particulars of these respondents with their dates of retirement are given below:- JUDGEMENT_86_SCT1_2013.htm Insofar as the cases of those respondents, who retired after 1.1.2006, the position would be that as on 1.1.2006 they were in service; the pay scales were revised some time in 2010 but with effect form 1.1.2006. On that basis, all these respondents got the benefit of revised pay scales from 1.1.2006 till the date of their retirement. Their pay scales were revised from 1.1.2006 and as on the date of retirement, after the revision, they were made to retire with the revised pay scales. However, the appellants fixed cut-off date of 1.4.2010 for all those who had retired before 1.4.2010, for the purpose of actual benefit of salary/pension. Interestingly, at the same time, those, who were in service as on 1.4.2010, were given the arrears of pay calculated from 1.1.2006. On these facts, denying the benefit to those respondents, who were in service as on 1.1.2006 and retired prior to 1.4.2010, fixing of this date for the purpose of giving them the actual arrears of salary/pension, is clearly arbitrary and without any rationale. When the enhanced scales were made applicable from a particular date i.e. 1.1.2006 and these respondents were in actual service on that date, denying them this benefit of arrears of salary, but giving the same to those who were in service as on 1.4.2010 is clearly discriminatory.
(3.) INSOFAR as payment of pension to such employees is concerned, that has also been revised from the dates of their respective retirements, which occurred after 1.1.2006, as with the implementation of recommendations of pay commission, all these respondents were put in the revised scale on 1.1.2006 and, therefore, on the date of retirement they were serving in the revised pay scales. The pension is governed by Rule 6.24(1) of the Punjab Civil Service Rules, Volume-II, as applicable to the State of Haryana. This rule is as under:- "6.24(1) The term "Average emoluments" means the average calculated upon the last ten months" The said rule was amended vide notification dated 30.11.2007 to the following effect:- "6.24(1) The pension shall be calculated on the pay last drawn by the government employee on the date of retirement." ;