IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.2223 of 2009 (O&M) Date of decision: 26.03.2010 M.C.Chhabra and others ….Petitioners versus Bhakra Beas Management Board, Madhya Marg, Sector 19-B, Chandigarh, through its Chairman. …Respondent CORAM: HON’BLE MR. JUSTICE K. KANNAN ------ Present: Mr. Raman Sharma, Advocate, for the petitioners. Mr. N.S.Bawa, Advocate, for the respondent. ----- 1. Whether reporters of local papers may be allowed to see the judgment? 2. To be referred to the reporters or not? 3. Whether the judgment should be reported in the digest? ----- K.Kannan, J (Oral) CM No.1002 of 2010 Application is allowed, as prayed for. Replication is taken on record. Civil Writ Petition No.2223 of 2009 1. All the petitioners claimed entitlement to arrears of pay on the basis of increased scales that have been applied during the time when they officiated in higher posts on adhoc basis and that they shall also be entitled to reckoning of terminal benefits on the scales of pay for such higher posts. The entitlement of the petitioners to higher scales applicable to higher posts cannot be denied for it is stating too obvious a Civil Writ Petition No.2223 of 2009 (O&M) - 2 - principle that even an adhoc employee shall be paid the scales applicable to the posts which they held, however, fortuitous the postings had been. The entitlement of the petitioners however shall be restricted only to consideration of such increased scales of pay and the arrears that have to be calculated to be restricted to a period of 38 months prior to the date of the filing of the writ petition. Having regard to the fact that all the petitioners have now retired, the 38 months is reckoned as 3 years which is normally a period of limitation for recovery of money and two months notice period. 2. As regards the claim of the petitioners for reckoning of terminal benefits on such increased scales that they were entitled to for officiation on higher posts, the same shall be accorded to them on the ground of parity of persons, who had been similar situate in the same organization and to such persons whom the respondents provided for such reckoning of terminal benefits by virtue of decision of this Court in Rajinder Singh Rana and others Versus Bhakra Beas Management Board in Civil Writ Petition No.18369 of 2006. 3. The writ petition is allowed on the above terms. (K.KANNAN) JUDGE 26.03.2010 sanjeev