CWP No.16568 of 1997 -1- In the High Court of Punjab and Haryana at Chandigarh. Date of decision: 27.08.2008. (1) CWP No.16568 of 1997 S.S. Kalsi ... Petitioner Versus State of Punjab and another ... Respondents (2) CWP No.17556 of 1995 Amarjit Singh (dead) through ... Petitioner his legal representatives Versus State of Punjab and another ... Respondents (3) CWP No.1202 of 1999 T.C. Gupta ... Petitioner Versus State of Punjab and another ... Respondents (4) CWP No.13476 of 1998 G.I.S. Bhullar ... Petitioner Versus State of Punjab and another ... Respondents (5) CWP No.3048 of 1997 Bhupinder Singh Sidhu ... Petitioner Versus State of Punjab and another ... Respondents CORAM HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.Sanjeev Sharma, Advocate,for the petitioners. CWP No.16568 of 1997 -2- Mr.SS Sahu, Assistant Advocate General, Punjab, for the respondents. PERMOD KOHLI, J. The petitioners in all the aforesaid writ petitions have served as Government Servants under the State of Punjab in various capacities. Later on, they were appointed as Members of the Punjab Public Service Commission from time to time. Their emoluments/salary was fixed by deducting the amount of pension receivable by them as government servants. In some cases, recovery was sought to be effected from the petitioners on account of fixation of the pay whereunder pension received earlier by them as the Government Servants, was adjusted against their salary/emoluments receivable by them as Members of the Punjab Public Service Commission. They, accordingly, approached this Court for seeking fixation of their salary at par with other Members of the Punjab Public Service Commission who were not Government Servants prior to appointment as Members of the Punjab Public Service Commission and who were/are receiving full salary as such Members without any adjustment/deduction equivalent to the pension received/receivable as retired government servants. Even the regulations framed by the State regulating the salary have been challenged. When these matters were taken up for hearing, learned counsel for the petitioners has referred to and relied upon judgment dated 08.09.2004 passed by this Court in CWP No.15159 of 1996, wherein the following observations have been made:- “ It would be pertinent to mention that the CWP No.16568 of 1997 -3- petitioners had also claimed higher pension than the one being granted to them under the 1973 Regulations. In so far as the instant issue is concerned, the same had been determined by this Court in Sh.Chander Bhan Vs. State of Haryana (CWP No.1306 of 1992, decided on 20.7.1997). In view of the aforesaid decision, the claim of the petitioners relating to pension, according to learned counsel representing them, stands adjudicated to their satisfaction in Chander Bhan's case (supra). Accordingly, nothing further needs to be stated on the claim of the petitioners relating to pension. The instant writ petition as well as the connected writ petition detailed above are hereby allowed. The respondents are directed to redetermine the remuneration payable to the petitioners, based on the conclusion drawn hereinabove, within three months from to-day and actually disburse the arrears payable to them within a further period of one month.” This judgment was later followed in M.P. Pandove Vs. State of Punjab and others in CWP No.85 of 2005, decided on 26.02.2005. M.P. Pandove's judgment was challenged before the Hon'ble Supreme Court in S.L.P. (Civil) No.12334 of 2005. The S.L.P aforesaid has been dismissed vide order dated 13.07.2005. Judgment in CWP No.15159 of CWP No.16568 of 1997 -4- 1996, dated 08.09.2004, in Ram Phal Singh Vs. State of Haryana and others, has attained finality. In view of the above circumstances, all these petitions are disposed of in terms of the judgment in CWP No.15159 of 1996, dated 08.09.2004, Ram Phal Singh Vs. State of Haryana and others and the directions contained therein shall apply in all the cases of the petitioners. No costs. 27.08.2008. (PERMOD KOHLI) BLS JUDGE Note: Whether to be referred to the Reporter? NO