Makhan Singh And Others vs Punjab State Electricity Board … on 4 March, 2009

CWP NO.17339 OF 2008                                       1


    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                  CHANDIGARH.



                          DATE OF DECISION:            4.3.2009


Makhan Singh and others                                   ..Petitioners


                          VERSUS
Punjab State Electricity Board and others                 ...Respondents




                CORAM

      HON'BLE MR.JUSTICE PERMOD KOHLI


PRESENT: Ms.Sonia G.Singh, Advocate for petitioners

             Ms.Puneet Kaur Sekhon, Advocate for respondents.

Permod Kohli, J. (Oral)

Notice of the CM No.3572 of 2009 to counsel opposite. Ms.Sekhon

accepts notice on behalf of the respondents.

For the reasons recorded in the application and with the consent of

learned counsel , this matter is taken up today itself for final disposal at the

motion stage.

It is not in dispute that the Circular dated 29.7.2003 impugned in

this petition 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 of this Court vide judgment dated July 21, 2008 wherein following
CWP NO.17339 OF 2008 2

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 this petition is squarely covered by the

aforesaid judgment.

It has been brought to my notice that the aforesaid judgment is the

subject matter of challenge before 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. Since the issue being covered by

the aforesaid Division Bench judgment, this writ petition is disposed of in

terms of the aforesaid Division Bench judgment, referred to above. It is,

however, made clear that this order shall remain subject to the outcome of

the said SLP and the petitioner shall be entitled to seek its implementation
CWP NO.17339 OF 2008 3

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.

(PERMOD KOHLI)
JUDGE

4.3.2009
MFK