IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.4045 of 1990 Date of Decision : April 19, 2010. Bhushan Kumar Puri @ B.K.Puri (since dead) through his legal representatives. .....Petitioner versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : None for the petitioner. Ms.Charu Tuli, Senior DAG, Punjab. -.- 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? --- Surya Kant, J. (Oral) The petitioner (since dead and represented by his legal heirs) seeks re-fixation of his pension and other retiral benefits as per the revised pay scale(s) and the Government Instructions dated 3/4.10.1989 (Annexure P-2). The petitioner had joined the service of the Government of Punjab as a Block Level Extension Officer in the year 1962. After working in that capacity till 25.12.1973, he was promoted as an Export Promotion Officer followed by his further promotion as Assistant Director, Village C.W.P.No .4045 of 1990 2 Industries. The petitioner was thereafter sent on deputation with the Punjab State Hosiery and Knitwear Development Corporation Limited, as a Deputy Manager, where he was permanently absorbed in public interest, w.e.f. 28.5.1985. The petitioner's claim regarding re-fixation of his pension in terms of the Government Instructions dated 3/4.10.1989 (Annexure P-2) is confined to the period when he remained in Government service upto 27.5.1985. The Government Instructions dated 3/4.10.1989 (Annexure P2) relied upon by the petitioner pertains to rationalization of the pensionary benefits of pre-1st January, 1986 retirees and Clause (c) of these Instructions reads as follows:- “(c) The pension of the Pensioners who have retired during the period from 31st March, 1985 upto 31st December, 1985, whose pensions were fixed on the basis of average emoluments calculated with reference to consumers price index average of 568 shall be revised by your office in accordance with paragraph 2.2 of the letter ibid.” Since the petitioner retired from service on 27.5.1985, he falls within Clause (c) of the aforesaid Government Instructions and appears to be entitled to the re-fixation of his pension as per these Instructions. The writ petition is accordingly allowed and respondent Nos.1 & 2 are directed to re-fix the pension of the deceased-petitioner as well as the family pension, if any, granted to the family member(s) of the deceased-petitioner as per the Government Instructions (Annexure P-2) C.W.P.No .4045 of 1990 3 without any further delay. The needful shall be done within a period of four months from the date of receiving a certified copy of this order. Dasti. April 19, 2010 (SURYA KANT) Mohinder JUDGE