Pensioners form a single class - Pension cannot be differentiated based on the rank held at the time of retirement

Punjab and Haryana High Court Mandates Uniform Pension Fixation for Engineers. Court Orders Revised Pension Benefits for Pre-2009 Retirees, Aligns with Post-2009 Pensioners

The Punjab and Haryana High Court, in a landmark judgment delivered by Justice Vinod S. Bhardwaj, has directed the State of Haryana to re-fix pensions for retired engineers, ensuring parity with the revised pay scales set post-2009. The court's decision comes as a relief to many retired engineers who were previously receiving pensions based on outdated scales.

The judgment, which consolidated multiple writ petitions, was primarily based on the plea of Ved Parkash Goel and others who sought to align their pensions with the revised pay scales of the Public Works Department notified on September 1, 2009. The petitioners argued that despite drawing salaries in higher pay bands before retirement, their pensions were not adjusted accordingly, leading to a disparity with colleagues who retired post-2009.

The court observed that pensioners form a single class and emphasized that pension fixation should be uniform, irrespective of the retirement date, in light of the Supreme Court's ruling in D.S. Nakara v. Union of India. Justice Bhardwaj noted that pension must be calculated based on the last drawn pay scale, not the rank held at retirement. The revised pension rules stipulate that pensions cannot be less than 50% of the minimum pay scale in the corresponding band.

The High Court also addressed the issue of delayed pension benefits, instructing the state to release the revised pensions with 5% annual interest within three months. Failure to comply within this timeframe would lead to an increased interest rate of 7.5%, with the additional liability recoverable from the responsible officials.

This judgment underscores the court's commitment to ensuring fair and equitable treatment for all pensioners, reinforcing the principle that pension is a right and not a bounty.

Bottom Line:

Pension fixation - Pensioners form a single class - Pension cannot be differentiated based on the rank held at the time of retirement - Pension to be calculated based on the pay scale at which an employee was drawing salary, not the post held.

Statutory provision(s): Pension Rules, 2009 Rule 6(1)

S.P Sood v. State of Haryana, (Punjab And Haryana) : Law Finder Doc Id # 2765238