Since the identical issue was being agitated before this Court, by the order dated 27.7.2004, this writ petition was ordered to be transferred to this Court to be heard along with the companynected matters.
By O.M. dated 14.7.1995, the Central Government directed that, as recommended by the Fifth Central Pay Commission in its Interim Report, dearness allowance as linked to the average All India Consumer Price Index AICPI 1201.66 would be treated as dearness pay for reckoning emoluments for the purpose of death gratuity and retirement gratuity under the Central Civil Services Pension Rules, 1972.
Hence, this appeal by the aggrieved employees.
Their claims were refused by the Central Government.
Civil Appeal No.
The High Court, however, refused to grant this benefit to employees who had retired before 1.7.1993.
This benefit was refused to them.
4995/97, the High Court of Punjab Haryana held that they were entitled to the benefit of gratuity calculated in accordance with the provisions of the Government of Punjab order dated 13.12.1996.
The said judgment of the Division Bench of the Punjab Haryana High Court is challenged in this appeal.
Civil Appeal Special Leave Petition No.
462/03, which was dismissed on the ground that a similar matter was pending before the Bombay High Court against a decision of the Full Bench of the CAT Mumbai Bench , and that the decision given by the Bombay High Court would decide the rights and companytentions of the parties.
They retired on different dates, but between 31.10.1993 and 28.2.1994.
902 of 2004 The respondents in this appeal were employees of the Government of Punjab who retired from various departments institutions of the Government of Punjab before the prescribed cut off date.
129/97, which has been transferred to this Court by order dated 27.7.2004 made in Civil Appeal No.
32/03 was also dismissed on 11.09.2003.
4995/97.
The employee then moved the Central Administrative Tribunal CAT Chandigarh Bench by his Original Applications.
1838 of 2003 The First Respondent in this case was an employee of the Punjab State Electricity Board, who retired before the prescribed cut off date of 1.04.1995.
4995/97 and others before the High Court of Punjab Haryana.
1847 of 2003 The first respondent was an employee of the Punjab State Electricity Board who retired between 1.7.1993 and 31.3.1995.
These benefits having been refused to them, they too moved the High Court of Punjab Haryana by a Civil Writ Petition CWP No.
They also sought the benefits flowing from the order of the Government of Punjab dated 13.12.1996 and sought a higher quantum of death cum retirement gratuity.
133 of 2003 The appellants in this case retired from the Education Department of the Government of Punjab upon attaining the age of superannuation on various dates before 1.7.1993.
They sought the benefit of a circular dated 13.12.1996 under which the State Government employees, who retired or died on or after 1.4.1995, were entitled to get retirement gratuity death gratuity on the basis of addition of certain portion of the dearness pay to the basic pay.
132 of 2003 The respondents in this case were employees of the Punjab Government who retired from service of Municipal Committee, Malerkotla on attaining the age of superannuation.
41 of 2005 The petitioner in this case retired on 10.11.1994 as a Judge of the Bombay High Court, Aurangabad Bench.
They claimed the benefit of increased amount of retirement cum death gratuity companysequent upon the merger of a portion of dearness allowance with the basic pay as indicated in the instructions of the State Government dated 13.12.1996, made effective in the case of Government employees who retired or died on or after 1.4.1995.
This was in respect of Punjab Government employees who retire or whose death occurs on or after 1.4.1995.
The said order indicated the varying percentages of dearness allowance to be added to the pay for calculating gratuity at different pay slabs.
By the companymon judgment rendered in CWP No.
12260/98 was allowed following the companymon judgment in CWP No.
15032/98.
2947 of 2003 This appeal is against the judgment in CWP No.
He claimed gratuity in accordance with O.M. dated 14.7.1995 issued by the Government of India, but companytended that the cut off date of 1.4.1995 was arbitrary and was liable to be struck down.
4995/97, the High Court held that they were entitled to death cum retirement gratuity calculated in accordance with the provisions of the Government of Punjab Order dated 13.12.1996.
Civil Appeal No.
The High Court also directed the State Government and its officers to calculate the death retirement gratuity of the respondents who had retired on or after 1.7.1993 in accordance with the numberification dated 13.12.1996.
Following the aforesaid O.M. issued by the Central Government, the Government of Punjab in the Department of Finance issued orders dated 13.12.1996, wherein it was numberified that the Governor of Punjab was pleased to decide that dearness allowance as admissible to the employees as on 1.7.1993 linked to All India Consumer Price level 1201.66 would be treated as dearness pay for reckoning emoluments for the purpose of retirement gratuity and death gratuity under the Punjab Civil Services Rules Volume II.
The High Court rejected the claims of this group of employees who had retired prior to 1.7.1993.
The Union of Indias Civil Review No.
This group of Special Leave Petitions and Transferred Cases raise the same issue of law, though the origin of the cases and the paths by which they found their way to this Court are different.
The CAT directed that the benefit of O.M. dated 14.7.1995 be extended to the employee companycerned, on the undertaking that, if the companynected matters pending at the time in the Bombay High Court were to be adversely decided against him, he would refund the monies with interest.
Civil Appeals Special Leave Petitions C Nos.
The said orders came into effect from 16.9.1993.
Further, it was directed that the ceiling on gratuity would stand enhanced to Rs.
17666/98 .
942/99.
His writ petition CWP No.
Civil Appeal No.
Aggrieved thereby, the State of Punjab is before this Court.
His claim for increased amount of death cum retirement gratuity was similarly rejected by the Electricity Board.
552/99 decided by the companymon judgment of the High Court of Punjab Haryana in CWP No.
884/2002, which was pending before a Division Bench of the Bombay High Court.
A brief resume of the facts is called for.
4995/97.
58/04 The respondents in this case are all employees of the Central Government in the Postal Department in the Maharashtra Circle who had retired between 1.7.1993 and 31.3.1995.
4995/97.
The issue as to the validity of the decision of the Central Government in fixing the cut off date of 1.4.1995 was referred to the Full Bench of the CAT.
Civil Appeal No.
The respondents challenged the decision of the State Government declining them the aforesaid benefit by a group of writ petitions numbered CWP No.
He sought the higher amount of death cum retirement gratuity subject to the increased maximum limit under the Office Memorandum O.M. dated 14.7.1995 issued by the Government of India.
The respondents demanded gratuity in accordance with the orders of the Government of Punjab.
12071 12072 of 2004 The respondent employees in this case retired on 28.2.1994 from Postal Department Service, H.P. Circle i.e. prior to the prescribed cut off date of 1.4.1995.
When their claim for enhanced death cum retirement gratuity was rejected by the Government, they filed CWP No.
His claim for increased amount of death cum retirement gratuity was similarly rejected by the Punjab State Electricity Board.
Civil Appeal No.
They were paid gratuity in accordance with the then applicable rules.
Being aggrieved by the High Courts judgment, the Punjab State Electricity Board is before this Court by way of this appeal.
They filed Original Applications before the CAT Mumbai Bench .
Civil Appeal No.
By the companymon judgment rendered in CWP No.
He moved the Bombay High Court by a writ petition No.
C. No.
With Civil Appeal Nos.
129 of 2003 The respondents are employees of the Government of Punjab who retired during the period 31.7.1993 to 31.3.1995.
1061 of 2005 The respondents, retired employees of the Education Department of the Government of Punjab, were superannuated during the period 31.7.1993 to 31.3.1995.
This benefit having been refused to them, they moved the Punjab Haryana High Court by their writ petition CWP No.
4995/97.
The Punjab State Electricity Board is here in appeal.
Hence, this appeal by the Punjab State Electricity Board.
C. No.
Civil Appeals Special Leave Petitions Civil Nos.
129/03, to be heard along with this group of companynected matters.
The respondent in this case is an employee of the Punjab State Electricity Board who had retired during the aforesaid period.
6855 6886 of 2003 The respondents are retired employees of the Government of Punjab who retired on or after 1.7.1993, but before the cut off date of 1.4.1995.
This would have given them the benefit of increased quantum of death gratuity and retirement gratuity pursuant to the merger of certain percentage of the dearness allowance with the basic pay.
4995/97.
15212/98, which was disposed of following the companymon judgment rendered by the High Court in CWP No.
Being aggrieved thereby, the appellant Municipal Committee is before this Court.
The High Court partially allowed the writ petition and held that such of the State Governments employees, who had retired on or after 1.7.1993, were entitled to the higher amount of death gratuity and retirement gratuity companysequent upon the merger of a portion of dearness allowance into the basic pay.
Being aggrieved thereby, the State of Punjab is in appeal.
It was directed that the death cum retirement gratuity of persons who have already died or retired on or after 16.9.1993 should be recalculated on the basis of the said orders and arrears, if any, be paid.
Being aggrieved thereby, the State of Punjab is in appeal.
Their claims were rejected by the State Government.
The employees moved the High Court of Punjab Haryana by their writ petition CWP No.
His writ petition CWP No.
12957/98 before the High Court of Punjab Haryana was decided by the companymon judgment in CWP No.
The High Court of Punjab Haryana took the view that Government employees retiring on or after 1.7.1993, but before the cut off date of 1.4.1995 would also be entitled to the gratuity calculated in accordance with the provisions of the Government of Punjab order dated 13.12.1996.
They claimed the benefit of the Central Government order dated 27.9.1993 read with order dated 14.7.1995, seeking higher benefits of death cum retirement gratuity pursuant to the merger of a portion of the dearness allowance with basic pay and the companysequential raising of the ceiling on the death cum retirement gratuity amount.
His claim for the benefit of death cum retirement gratuity under the O.M. dated 14.7.1995 with higher ceiling was refused.
This change was brought into effect from 16.9.1993.
Leave granted in the Special Leave Petitions.
Civil Appeal No.
Aggrieved thereby, the Union of India is in appeal.
4995/97.
SRIKRISHNA, J. Delay companydoned.
Being aggrieved thereby, the Union of India preferred Writ Petition No.
By another O.M. dated 19.10.1993, the Government of India numberified that for Central Government employees who retired or died on or after 16.9.1993, a portion of the dearness allowance as linked to Average Consumer Price Index of 729.91 obtaining as on 1.3.1988 i.e. 20 of basic pay would be treated as dearness pay.
The CAT by its order dated 21.9.2001 held that there was numbernexus or rational companysideration in fixing the aforesaid date of 1.4.1995 for availability of the benefit and allowed the Original Applications.
The Office Memoranda By O.M. dated 27.9.1993, the Ministry of Finance, Government of India directed that the dearness allowance payable to the Central Government employees with effect from 1.7.1993 would stand modified as declared therein at varying rates linked to the basic pay.
However, the Central Government rejected his claim on the ground that he had retired prior to 1.4.1995.
This writ petition was allowed by order dated 3.5.2002 following the judgment in CWP No.
Even at that time, interestingly, the benefits were number made admissible from 1.3.1988, i.e. the date of the Average Consumer Price Index of 729.91, but from a much further date i.e. 16.9.1993.
The Union of India moved the High Court of Himachal Pradesh by writ petition CWP No.
This O.M. directed that a certain percentage of dearness allowance was to be treated as part of basic pay for the purpose of calculating the death gratuity and retirement gratuity in respect of the Central Government employees who retired after 1.4.1995.
