- (1.) Brief facts of the case are that Parkash Kaur wife of the petitionerMukhtiar Singh was working on the post of Matron at Civil Hospital, Kapurthala, Department of Health and Family Welfare, Punjab. She expired on 27.08.1991 and consequently the petitioner being the husband of the deceased employee was getting family pension. As a result of the report of the 5th Pay Commission, the Government issued notification dated 27.05.2009 (Annexure P-2) whereby the benefit of pay revision was granted to the pensioners and the family pensioners. Subsequently, the Government issued the notification dated 22.02.2010 (Annexure P-3), whereby regarding family pension, following instructions were issued: - " X X X The Governor of Punjab is pleased to decide further that the benefit of fixation of revised pension envisaged in para 4.2 of the aforesaid letter will be available for fixation of family pension also subject to the condition that the revised family pension, in no case, shall be lower than thirty percent of the initial pay shown in column 8 of the Schedule of the Punjab Civil Services (Revised Pay), Rules, 2009, against relevant Pay Band and Grade Pay corresponding to the pre-revised scale of pay in which the pensioner/deceased employee had last worked. X X X X"
(2.) It is stated that, pay of the deceased wife of the petitioner was accordingly fixed from the pre-revised scale of Rs. 6400/- - Rs. 10640/- to Rs. 10300/- - Rs. 34800/- with the grade pay of Rs. 4200/- and the initial pay was fixed as Rs. 16290/- as per the conversion table. Consequently, the Government further issued notification dated 20.06.2011 (Annexure P-4) whereby pay scale of Nursing Staff in the Department of Health & Family Welfare, Punjab were further revised w.e.f. 01.10.2011 prospectively and the pay of the wife of the petitioner was fixed at Rs. 15600/- - Rs. 39100/- with the grade pay of Rs. 5400/- and the initial pay fixed at Rs. 21000/-. In terms of said fixation of pay, the pension was revised to 30% of the same and fixed at Rs. 6300/-. However, subsequently, without passing any order and without hearing the petitioner the same was reduced to Rs. 4,887/-.
(3.) The respondents No. 1 to 4 have taken the plea in the written statement that the revised pay scale was applicable only to the existing employees and not to the ex-employees. I have heard learned counsel for both the parties and carefully gone through the contents of the case file.;