MOHINDER SINGH MAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) After hearing the learned counsel for the parties, I find that this case is squarely covered by the judgment of this Court in C.W.P. No. 6863 of 1986 (Shamsher Singh v. State of Punjab), dated 18th April, 1988, by which certain employees who had retired from service before 31st March, 1985, were held entitled to the grant of same pensionary benefits which were being granted to those who retired on or after 31st March, 1985. This judgment has since become final as letters patent appeal as well as S.L.P. No.10133 of 1989 against the same were also dismissed.

(2.) Learned counsel for the respondents wanted to distinguish the judgment in the aforesaid case on the authority of the recent judgment of their Lordships of the Supreme Court in Writ Petition Nos. 13550 of 1984, dated 29th January, 1991 Indian Ex-Services League etc. v. Union of India etc., 1991 1 SCT 468, but after close scrutiny of the judgment, I find that the earlier position still holds good.

(3.) Consequently, I allow this petition and direct the respondents to pay to the petitioners all the pensionary benefits in terms of the judgment of this Court in Shamsher Singh's case within a period of three months. In case the arrears to pension and other retiring benefits are not cleared within the stipulated period, the same shall be payable to the petitioners with 18 per cent per annum interest from the date of accrual upto the date of actual payment. No costs.