Punjab-Haryana High Court
State Of Haryana And Others vs Manphool Dhiman on 15 January, 2013
Bench: A.K.Sikri, Rakesh Kumar Jain
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
LPA No. 47 of 2013 (O&M)
Date of Decision: 15.01.2013
State of Haryana and others ...Appellants
Versus
Manphool Dhiman ..Respondent
CORAM: HON'BLE MR. JUSTICE A.K.SIKRI, CHIEF JUSTICE.
HON'BLE MR. JUSTICE RAKESH KUMAR JAIN.
1. Whether Reporters of local papers may be allowed to see the judgment ?
2. Whether to be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest?
Present : Mr. Kulvir Narwal, Addl. Advocate General, Haryana,
for the appellants.
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A.K.SIKRI C.J.(Oral)
It is not in dispute that the respondent herein was the permanent employee of Bhakra Beas Management Board (BBMB) where he joined services on 01.10.1965. He also retired from the said department on 29.02.2004. The respondent wanted that his pension be computed on the basis of the last salary drawn by him at the time of his retirement. For this purpose, he preferred a writ petition.
The stand taken by the appellant was that in between for the period of three years i.e. from 01.03.1979 to 30.08.1982 the respondent worked on deputation with the Government of Haryana in Irrigation Department and for that reason the scale of pay applicable to the post in the State of Haryana should be taken as last pay drawn at B.B.M.B. The contention is preposterous to say the least and has rightly been rejected by the learned Single Judge. We failed to understand as to how the pay drawn by him while on deputation with the Irrigation Department that too for the period of three years much earlier than his retirement i.e. from 1979 to 1982 LPA No. 47 of 2013 (O&M) [2] can be the basis for fixing the pension. The law is well grounded on this aspect, namely, the pension is to be fixed on the basis of last drawn pay at the time of retirement from the parent department. We thus do not find any merit in this appeal. We also do not find any justification in condoning the delay in filing the appeal as well. Accordingly, the appeal is dismissed on the ground of limitation as well as on-merits.
(A.K.SIKRI)
CHIEF JUSTICE
15.01.2013 (RAKESH KUMAR JAIN)
'ravinder' JUDGE