IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 1. CWP No.14722 of 2008. Date of Decision: 14.1.2009. Bhajan Singh and others ---Petitioners Vs. State of Punjab and others ---Respondents 2. CWP No. 18011 of 2008. Ram Sarup and others ---Petitioners Vs. P.S.E.B. and others ---Respondents 3. CWP No. 20072 of 2008. Telu Ram and others ---Petitioners Vs. P.S.E.B. and others ---Respondents 4. CWP No. 17956 of 2008. Sheela Devi and others ---Petitioners Vs. State of Punjab and others ---Respondents 5. CWP No. 17230 of 2008. Om Parkash and others ---Petitioners Vs. State of Punjab and another ---Respondents 6. CWP No. 12964 of 2008. Naval Kishore and others ---Petitioners Vs. State of Punjab and others ---Respondents 7. CWP No. 17220 of 2008. Dr. Vijay Kumar Kapil and others ---Petitioners Vs. State of Punjab and others ---Respondents 8. CWP No. 11193 of 2008. Gurcharan Singh Dhillon and others ---Petitioners Vs. State of Punjab and others ---Respondents -2- 9. CWP No. 16188 of 2008. Jarnail Singh and others ---Petitioners Vs. P.S.E.B. and others ---Respondents 10. CWP No. 17107 of 2008. Teja Singh and others ---Petitioners Vs. State of Punjab and another ---Respondents 11. CWP No. 19273 of 2008. Sukhvinder Kaur and others ---Petitioners Vs. State of Punjab and others ---Respondents 12. CWP No. 96 of 2008. Yog Raj and others ---Petitioners Vs. State of Punjab ---Respondents 13. CWP No. 19479 of 2008. Ind Raj Kumar and others ---Petitioners Vs. State of Punjab and others ---Respondents 14. CWP No. 18732 of 2008. Nachhatar Singh and others ---Petitioners Vs. PEPSU Road Transport Corp. and another ---Respondents 15. CWP No. 15565 of 2008. Inder Pal Mehta and others ---Petitioners Vs. State of Punjab and others ---Respondents 16. CWP No. 15638 of 2008. Dharam Singh ---Petitioner Vs. State of Punjab and others ---Respondents -3- 17. CWP No. 15207 of 2008. Karam Singh Dhanoa ---Petitioner Vs. State of Punjab etc. ---Respondents 18. CWP No. 15245 of 2008. Dial Singh ---Petitioner Vs. State of Punjab etc. ---Respondents 19. CWP No. 16017 of 2008. Kamal Krishan Kaushal ---Petitioner Vs. State of Punjab and others ---Respondents 20. CWP No. 20320 of 2008. Sahib Singh and others ---Petitioners Vs. State of Punjab and another ---Respondents 21. CWP No. 21011 of 2008. Mohinder Kaur etc. ---Petitioners Vs. State of Punjab and others ---Respondents 22. CWP No. 21013 of 2008. Prem Parkash ---Petitioner Vs. State of Punjab and others ---Respondents 23. CWP No. 3087 of 2007. Dr. P.L. Garg ---Petitioner Vs. State of Punjab and others ---Respondents 24. CWP No. 14614 of 2008. Kuldeep Chand etc. ---Petitioners Vs. State of Punjab etc, ---Respondents -4- 25. CWP No. 14665 of 2008. Vasdev Kanwal etc. ---Petitioners Vs. State of Punjab and others ---Respondents 26. CWP No. 2630 of 2008. Baldev Singh and others ---Petitioners Vs. State of Punjab and another ---Respondents 27. CWP No. 7640 of 2008. Jagdish Singh and others ---Petitioners Vs. State of Punjab and another ---Respondents 28. CWP No. 12945 of 2007. Jit Singh etc. ---Petitioners Vs. State of Punjab and others ---Respondents 29. CWP No. 15027 of 2007. Kulwant Singh etc. ---Petitioners Vs. State of Punjab and others ---Respondents 30. CWP No. 19205 of 2007. Parkash Singh and others ---Petitioners Vs. State of Punjab and others ---Respondents 31. CWP No. 4739 of 2007. Shiv Kumar Sharma and others ---Petitioner Vs. State of Punjab and others ---Respondents 32. CWP No. 8642 of 2007. Dharam Paul etc. ---Petitioners Vs. State of Punjab and others ---Respondents -5- 33. CWP No. 11514 of 2008. Sudarshan Kumar and others ---Petitioners Vs. State of Punjab and others ---Respondents 34. CWP No. 472 of 2009. Madan Gopal and others ---Petitioners Vs. State of Punjab and others ---Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Vikas Chatrath, Advocate. Ms. Puneet Kaur Sekhon, Advocate. Ms. Sonia G. Singh, Advocate. Mr. G.K. Chaudhary, Advocate. Mr. R.K. Arora, Advocate. Mr. Naresh Jain, Advocate. Ms. Geeta Sharma, Advoate. Ms. Renu Bala Sharma, Advocate. Mr. R.K. Rattan, Advocate. Mr. Maninder, Advoate. Mr. Harsh Aggarwal, Advocate. Mr. V.K. Shukla, Advocate. Mr. R.S. Cheema, Advocate. Mr. Ranjivan Singh, Advocate. Mr. A.K. Walia, Advocate. Mr. G.S. Bal, Advocate. -6- Mr. B.S. Chahal, D.A.G., Punjab. PERMOD KOHLI.J (ORAL) *** It is not in dispute that the circular dated 29th July, 2003 impugned in all these petitions was also subject matter of challenge in CWP No. 15554 of 2007. The said writ petition has been decided by the Hon'ble Division Bench vide judgement dated July 21, 2008 and the following directions have been given:- “ After hearing the counsel for the parties, we are of the considered opinion that this petition deserves to be allowed and our opinion is further strengthened by the ratio of law, laid down in V. Kasturi's case (supra) which has been followed by Hoshiar Singh's case (supra). The State cannot be permitted to create two categories of retirees by providing a cut off date as there is no rationale. In view of the above, we allow the writ petition and quash the impugned circular dated 29.7.2003 and restore the pension of the petitioners, in accordance with the revised table, issued as per the Circular dated 31.10.2006 (Annexure P-6).” The issue involved in all these petitions is squarely covered by the aforesaid judgement. It has been brought to my notice that the aforesaid judgement is the subject matter of challenge before the Hon'ble Supreme Court in SLP No. 25856 of 2008, which is still pending and vide interlocutory order dated 7.11.2008 contempt proceedings have been stayed. The issue being covered by the aforesaid Division Bench judgement all these petitions are disposed of in terms of the aforesaid judgement/ratio, referred to above. It is, -7- however made clear that this order shall remain subject to the outcome of SLP and the petitioner shall be entitled to seek its implementation through contempt or otherwise only on the disposal of the SLP or in the event, the interlocutory order of staying the contempt proceedings is vacated by Hon'ble Supreme Court at any stage. Copy of this order be placed on each connected case. (PERMOD KOHLI) JUDGE 14.1.2009 lucky