- (1.) The present is a bunch of four letters patent appeals bearing LPA Nos.537, 565, 571 and 572 of 2014 and three writ petitions bearing CWP Nos. 8115, 17519 and 11654 of 2014. As common issues of facts and law are involved in all the above appeals and writ petitions, they are being disposed of through as the present common order.
(2.) The appellants in the appeals and the writ petitioners in the writ petitions (hereinafter referred to as 'the employees') are working as Pharmacists in the Health Department in the State of Punjab. They are aggrieved against the order passed by the State declining to grant them extension in service from the date of superannuation at 58 years till attaining the age of 60 years, in terms of the amendment carried out in Punjab Civil Services (First Amendment) Rules, Volume-I, Part-I, (hereinafter referred to as 'the Rules'). According to the employees, as per the Rules, two years extension, one year at a time was admissible to all the employees at their option. The two notifications on which the employees based their claim are of even date i.e. 08.10.2012. The same reproduced below for ready reference:- Annexure P-1 "No.22/2/2012-3FP2/469 dated 08.10.2012---In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules further to amend the Punjab Civil Services Rules, Volume-I, Part-I, namely:- RULES 1. (1) These rules may be called the Punjab Civil Services (First Amendment) Rules, Volume-I, Part-I, 2012. (2) They shall come into force at one. "3.26(a) Except as otherwise provided in this rules, the date of retirement of a Government employee other than Group D Government employee shall be the date on which he attains the age of 58 years and the date of retirement of a Group D Government employee shall be the date on which he attains the age of 60 years. Provided that if the State Government is of the opinion that it is necessary or expedient in public interest so to do, the service of a Government employee or a class of Government employees, may be extended beyond the date of retirement for a period not exceeding two years, after getting an option from the concerned Government employee or the Government employees, as the case may be. Provided further that a Government employee must not be retained in service after the period of service extended under this clause, except in exceptional circumstances with the previous sanction of the competent authority in public interest and for reasons to be recorded in writing. (b) Notwithstanding anything to the contrary contained in these rules or any other rules for the time being in force, during the extended period of service under clause (a) of this rules, a Government employee shall be entitled to pay equal to the pay last drawn by him on the date on which he attains the age of 58 years or 60 years, as the case may be. However, if a promotional post is available, he shall be eligible for consideration for promotion against that post and on promotion his pay shall be fixed under relevant rules."
(3.) Annexure P-2 "No.22/2/2012-3 F.P.2/475 dated 08.10.2012---- I am directed to invite a reference to the subject cited above that the Governor of Punjab is pleased to approve the extension of service of the Punjab Government employees belonging to Group-A, Group-B, Group-C and Group-D for one year in accordance with clause (A) and clause (B) of Rule 3.26 of Punjab Civil Service Rules, Volume-1, Part-I. Extension in service shall be based upon the following mentioned conditions:- A) This extension shall be available to only those employees, who submit their option on the proforma enclosed with this letter. The option shall have to be submitted atleast 3 months before the completion of the age of 58/60 years to their Head of Department in accordance with clause (A) of rule 3.26 of Punjab Civil Service Rules, Volume-1, Part-I. In case of those employees whose retirement is within less than the period of 3 months, they can submit their option at any time after the issuance of this letter before their extended period of one year of service. Option once exercised shall be final and not liable to be changed. B) The employee shall be entitled to draw his salary in accordance with the provisions of Clause B of Rule 3.26 of Punjab Civil Services Rules, Volume-1, Part-I i.e. he would draw salary at the rate last drawn by him alongwith admissible allowances under the rules. C) In case availability of a promotional post in his cadre, he shall be entitled to be considered for promotion to such post. D) The retiral benefits of the concerned employee shall be admissible to him only upon expiry of the extended period of service. 2. These instructions shall be applicable to only those employees who retire on 31.10.2012 or thereafter.";