PRITAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In the present writ petition, the claim of the petitioner is that the he is entitled for the revised pensionary benefits, keeping in view the fact that at the time of retirement of the petitioner, the petitioner was discharging the duties on a higher post, for which post, the petitioner has been paid the salary hence the petitioner is also entitled for the fixing of the retiral benefits, as per the last pay drawn on the higher post.

(2.) Reliance is being placed upon the judgment of this Court passed in CWP No. 17358 of 2015, titled as "Jagjit Singh and others vs State of Punjab and others", decided on 09.09.2016.

(3.) Upon notice of motion, respondents have filed the reply. In the reply, respondents have stated that the petitioner was never regularly promoted and he was only given the current duty charge of the higher post with the clear condition that the petitioner will not be paid any remuneration. Further, the respondents have stated that the petitioner is only entitled for fixing the pensionary benefits of the substantive rank which he was having at the time of his retirement.