IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 22155 of 2010 Date of Decision: 20.12.2010. Ram Avtar --Petitioner Versus D.H.B.V.N. Ltd. & others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Manoj Chahal, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Notice of motion. Mr. Mohnish Sharma, Advocate present in the Court on behalf of Mr. Narender Hooda, Advocate has been asked to accept notice on behalf of respondents. Keeping in view the nature of relief claimed and with the consent of learned counsel for the parties, this petition is being disposed of at the motion stage itself. The petitioner was initially appointed as T-Mate on work charge basis in the erstwhile H.S.E.B on 12.8.1974. Later on his services were regularized w.e.f. 13.3.1981 as A.L.M. Thereafter, he was promoted as Line Man in June, 2002. Petitioner opted for voluntary retirement on 31.3.2003. Petitioner has filed this petition for grant of modified A.C.P. Pay Scale. It is agreed to by learned counsel for the parties that the controversy involved in the petition is squarely covered by a Division Bench judgement of this Court dated 7.5.2008 passed in CWP No. 14580 of 2006, whereunder considering the similar controversy, this Court held as CWP. No. 22155 of 2010 -2- under:- “ This Court in CWP No. 6439 of 2006-T.C. Gupta Vs. The State of Haryana and others, decided on 7.2.2008, has examined the identical questions raised and held that even if the petitioner is not to be granted arrears on account of grant of 2nd ACP Scales, but retiral benefits are to be fixed after grant of benefit of notional pay scale with effect from 1.1.1996. Even if the petitioners are not to be granted any arrears on account of the notional fixation of pay, but on account of deemed notional fixation of pay as on the date of retirement, the petitioners are entitled to the revised pensionary benefits. In view thereof, we dispose of the present writ petition with the direction to the respondents to recalculate the retiral benefits payable to the petitioners after giving benefits of notional fixation of pay, by granting benefit of 2nd ACP Scales w.e.f. 1.1.1996. The necessary pensionary benefits shall be calculated and paid to the petitioners within a period of three months from the date of receipt of the certified copy of the order by the respondents.” In view of the above, this petition is allowed. Petitioner shall be entitled to the similar relief as granted in the aforesaid writ petition. Let all the benefits of petitioner be re-determined and paid within a period of three months. (PERMOD KOHLI) JUDGE 20.12.2010. lucky