RESHAM SINGH PANDHER Vs. TEJINDER KAUR

JUDGEMENT

(1.) The petitioner filed C.W.P.No.11071 of 2001, which was allowed by this Court on 8.12.2004 and he was held entitled to notional promotions on the post of Assistant Registrar (Examination) and Registrar with effect from 1.8.1983 and 1.9.1993 respectively. He was, however, not granted the arrears of the salary on the promotional posts, though for the purposes of retiral benefits, his position in the promoted posts from the notional dates was directed to be taken into account and the retiral benefits were to be computed as if he was promoted on those posts and had been drawing the salary and emoluments from those posts. Consequentially, refixation of the pension was also directed. Alleging non-compliance of the aforesaid judgment, the petitioner has filed this contempt petition.

(2.) In response to the show cause notice, an affidavit has been filed by Mr.Sarvesh Kaushal, IAS, Secretary to Government of Punjab, Department of Education (Schools), which is taken on record. Along with the said affidavit, two orders dated 12.7.2006 and 17.7.2006 have been appended as Annexures R-1 and R-2 in terms whereof the petitioner has been granted notional promotion as Assistant Registrar and Registrar from the due dates and his pay has also been notionally refixed. However, the consequential refixation of pension is yet to take place for which, as stated by Mr.Cheema, learned Sr.DAG, Punjab, the petitioner's case has been sent to Accountant General, Punjab.

(3.) In this view of the matter, it is apparent that the directions issued by this Court vide order dated 8.12.204 have been complied with except that there is a delay in compliance thereof due to which the petitioner has not been able to receive the revised pension till date.