IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 01.10.2010 COCP No.1231 of 2007 Nirmal Singh and others ...Petitioners Versus Shri D.S.Kalha and others ...Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA Present : Mr. J.S.Toor, Advocate, for the petitioners. Mr. J.S.Puri, Addl. AG, Punjab, for the respondents. HEMANT GUPTA, J. (Oral) The petitioners are the erstwhile employees of the State of Punjab, but retired while working as Sub Divisional Officers from Bhakhra Beas Management Board (BBMB). Earlier, the petitioners have filed a writ petition before this Court, wherein a writ of mandamus was claimed for grant of pension on the basis of last pay drawn by the petitioners in Bhakhra Beas Management Board (BBMB). The said writ petition was allowed by a Division Bench of this Court on 10.12.1996. It was, inter alia, held that allowances drawn by an employee of the State of Punjab while working with Bhakhra Beas Management Board (BBMB) shall not be treated as an allowance, which can be excluded for the purposes of fixation of pension. It was held that the salary drawn by the employees of Bhakhra Beas Management Board (BBMB) should be the basis for computation of pensionary benefits. In terms of said directions, the petitioners’ pension have been refixed on the basis of last drawn pay of each of the petitioner. COCP No.1231 of 2007 The grievance of the petitioners is that the petitioners have not been given benefit of revised pay-scale as per pay-scale applicable to the employees of Bhakhra Beas Management Board (BBMB), but pension has been revised keeping in view the recommendations of the 4th Pay Commission as is applicable to be employees of the State of Punjab. The issue, as to whether the petitioners are entitled to revised pension on the basis of pay-scale admissible to the employees of Bhakhra Beas Management Board (BBMB) or the State of Punjab was not the dispute raised in the order passed by the Division Bench of this Court on 10.12.1996. In view of the said fact, it is open to the petitioners to establish their claim in respect of their right to draw revised pension as per the pay- scale fixed for the employees of Bhakhra Beas Management Board (BBMB) in appropriate proceedings in accordance with law. With the said observations, the present contempt petition stands disposed of Rule discharged. 01.10.2010 (HEMANT GUPTA) Vimal JUDGE 2