TILAK RAJ BANKA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition seeks quashing of notice dated 29.6.2005, Annexure P. 9, rejecting the claim of the petitioner for calculating pension payable to him on the basis of last pay drawn from the Bhakra Beas Management Board (BBMB).

(2.) Case of the petitioner is that he joined BBMB as LDC on ad hoc basis on 27.7.1964. He was thereafter selected and posted on regular basis in the BBMB on 18.8.1966. He was allocated to the State of Haryana. He was promoted as SDC and transferred to Yamuna Nagar on 4.10.1979 and he was again transferred to BBMB on 8.11.1979. Vide circular dated 6.11.1992, the BBMB adopted uniform pay pattern for the employees allocated to the States and serving the BBMB. They were given option to opt for the pay scales of the BBMB. The petitioner opted for the same. On 26.5.1997, the petitioner exercised his option to seek Pensionary benefits on the basis of last pay drawn by him in the BBMB. On 12.8.2002, the State of Haryana issued instructions that employees on service with BBMB were entitied to fixation of pension on the basis of last pay drawn from the BBMB. The relevant part of the instructions is as under :

(3.) Stand of the State of Haryana is that the petitioner was promoted as Sub Divisional Clerk and he worked with the State of Haryana from 4.10.1979 to 8.11.1979 for about one month and, thus, his service was not continuous with the BBMB and instructions dated 12.8.2002 did not apply.