KARTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common order, above-mentioned two Civil Writ Petitions are being disposed off. For the sake of convenience, the facts are being extracted from CWP No.10171 of 2017 titled 'Kartar Singh and others Vs. State of Punjab and others.'

(2.) In the present writ petitions, the prayer which has been made by the petitioners is that their pensionary benefits should be fixed as per the last pay drawn by them while working on the higher post on officiating/current duty charge. To support their prayer, the petitioners are relying upon a judgment of this Court in CWP No.17358 of 2015 titled as 'Jagjit Singh and others Vs. State of Punjab and others, decided on 09.09.2016.

(3.) The grievance which has been raised by the petitioners is that they were the senior most employees who were working in the department and they were given officiating charge of the higher posts on the account that no regular promotions were being made due to the pending dispute in the seniority. It has been alleged that the posts were lying vacant against which the petitioners were asked to discharge the duties of Head Master/Principal/BPEO as well as the drawing and disbursing officers, therefore, not only the petitioners are entitled for the salary of the post of which they were discharging the duties, but as they retired while discharging the duties of higher post, the last pay drawn should be taken into account for fixing their pensionary benefits.