GHANSHAM DASS GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this order, the above mentioned four writ petitions involving the same questions of law are being disposed of. The facts are being extracted from CWP No.5881 of 2002. The question of law which is to be decided in the present writ petition is as to whether the petitioner is to be paid the pensionary benefits by taking into account the actual last pay drawn by him while working in Bhakra Beas Managing Board (hereinafter refered to as 'BBMB') or the emoluments which the petitioner would have drawn, had he not been working with the BBMB but with the State of Punjab/Haryana.

(2.) The petitioner was duly selected and appointed as an SDO on 18/12/1965. After the reorganization of the State of Punjab under the Punjab Reorganization Act, 1966, the staff which was working at Bhakra Nangal and Beas Project under the State of Punjab, was statutorily transferred to BBMB by virtue of the provisions of Sec. 79(4) of the Reorganization Act, 1966. There is no permanent staff of the BBMB and the employees from the State of Punjab and Haryana were to be posted there in the ratio of 60 : 40.

(3.) After the petitioner returned from Algeria, he worked at the Mukerian Hydel Project, Talwara, District Hoshiarpur from 13/1/1984 till 23/8/1988 and, thereafter, once again was posted at BBMB from where he retired as a Chief Engineer on 28/2/2002. It is further submitted that at the time of retirement of the petitioner, the petitioner was drawing basic salary of Rs.20,600.00 from BBMB.