IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.20355 of 2010 Date of decision : 10.03.2011 Ranjit Singh … Petitioner Versus The State of Punjab and others …Respondents CORAM : HON’BLE MR.JUSTICE PERMOD KOHLI Present: Mr.R.K.Arora, Advocate for the petitioner. Mr.Puneet Gupta, Addl.AG, Punjab. Permod Kohli, J. Petitioner has retired from service on 31.5.2009 on attaining the age of superannuation from the post of DPE. While in service, petitioner was granted the benefit of step up pay at par his junior namely Vijay Kumar vide order dated 29.8.1997 (Annexure P-5) and his pay was stepped up from Rs.700/- to Rs.750/- w.e.f. 25.4.1978. This benefit was granted in implementation of the judgment dated 1.3.1995 passed by this Court, in CWP No.17005 of 1989 titled as Rawail Singh and others Vs. Punjab State. After the petitioner’s retirement vide impugned order dated 11.9.2009 (Annexure P-10), the aforesaid benefit granted to the petitioner, has been drawn and pay of the petitioner was reduced w.e.f. 25.4.1978. A further direction to recover the consequential amount has been passed vide another communication dated 13.8.2010 (Annexure P-11). Both these orders are under challenge in this petition. The question whether the benefit granted in implementation of the aforesaid judgment can be drawn by the State, came up for consideration before this Court in CWP No.10472 of 2008 decided on 28.5.2009. In the above order, following observations have been made:- “I have heard counsel for the parties. It is no in dispute that benefit was conferred on the petitioner upon the judgment of this Court passed in CWP No.9944 of 1989. The instructions relied by the respondents were issued after the passing of the CWP No.20355 of 2010 [2] aforesaid judgment and has no application to the case of the petitioner. In the aforesaid circumstances, impugned order is not sustainable in law and is liable to be set aside. This petition is allowed and the impugned order dated 20.3.2008 is hereby quashed and it is directed that the petitioner shall be entitled to benefit of step-up of pay in terms of judgment passed in CWP No.9944 of 1989. Since the petitioner has retired from service, his pensionary benefits including all retiral benefits be released in 4 months from the date of receipt of certified copy of this Order by the competent authority.” In the present case also, the respondents have relied upon the circular dated 28.10.1998 (Annexure P-16) which has been duly considered in case of Jasbir Singh Vs. State of Punjab etc. In view of the above, this petition is allowed and the impugned orders (Annexures P-10 and P-11) are hereby quashed. Retiral benefits if any be released to the petitioner, accordingly in a period of three months. ( Permod Kohli ) Judge 10.03.2011 sd