IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Misc. No. 21958 of 2008 in Civil Writ Petition No. 3783 of 2006 Date of decision: 5th December, 2008 Er. Rakesh Kumar … Petitioner Versus State of Punjab and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. H.S. Saini, Advocate for the petitioner. Mr. Satish Bhanot, Senior DAG, Punjab for the State. Mr. H.S. Sran, Advocate for respondent No.2. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Civil Misc. No. 21958 of 2008 In view of the consensus arrived at between the counsel for the parties that the case is squarely covered by the ratio of a Division Bench judgment of this Court rendered in ‘S.C. Kapuria v. Punjab State Electricity Board and others’ Civil Writ Petition No.6680 of 2005, decided on 3rd May, 2007, reported as 2008 (1) RSJ 261, the writ petition is taken on board and present Civil Misc. application is allowed accordingly. Civil Writ Petition No. 3783 of 2006 On November 11, 2008, following order was passed: “Present: Mr. D.R.Sharma, Advocate, for the Petitioner. In Civil Misc. No. 21958 of 2008, it is contended that the present petition is squarely covered by a Division Bench Civil Writ Petition No.3783 of 2006 (O&M) judgment of this Court rendered in Er. I.J.S.Bajwa v. State of Punjab and Others (Civil Writ Petition No. 18855 of 2002 decided on 22.2.2007). Also relied upon order passed in Civil Misc. No. 23535 of 2001 in Civil Writ Petition No. 13877 of 1999. Further relied upon a decision of this Court rendered in Er. Manmohan Singh Kalsi v. State of Punjab and Others (Civil Writ Petition No. 1895 of 2003 decided on 23.5.2008) and Er. Vir Bhan Sharma v. State of Punjab and Others (Civil Writ Petition No. 17652 of 2006 decided on 23.7.2008). The judgments have been attached as Annexures A2 to A8. Secretary, Punjab State Electricity Board, Patiala, is directed to file an affidavit to the averments made in Civil Misc. No. 21958 of 2008. Copy of this order be sent to the Secretary, Punjab State Electricity Board, Patiala. For reply and consideration of application, case to come up for hearing on 5.12.2008.” Counsel for the parties are in agreement that the case of the petitioner is squarely covered by the ratio of a Division Bench judgment of this Court rendered in ‘S.C. Kapuria v. Punjab State Electricity Board and others’ Civil Writ Petition No.6680 of 2005, decided on 3rd May, 2007, reported as 2008 (1) RSJ 261. Relying upon the same, a Single Bench of this Court has also passed an order in ‘Er. Manmohan Singh Kalsi v. State of Punjab and others’ Civil Writ Petition No.1895 of 2006, decided on 23rd May, 2008. Since the parties are in agreement that the present case is squarely covered by the ratio of judgments rendered in S.C. Kapuria’s case (supra) and Er. Manmohan Singh Kalsi’s case (supra), present writ petition is disposed off in the same terms and respondent No.3 is directed to pay the amount of contribution towards pensionary benefits of the petitioner to be calculated by the Punjab State Electricity Board, for the service 2 Civil Writ Petition No.3783 of 2006 (O&M) rendered by the petitioner with it from 5th September, 1973 to 10th February, 1976, within a period of three months from the receipt of certified copy of this order. On compliance of these directions, the Board is directed to revise the pension of the petitioner accordingly and to pay the arrears, if any. With these observations, present writ petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE December 5, 2008 rps 3