Ram Rattan v. Bhakra Beas Management Board And ORS

CWP-24061-2021 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-24061-2021 (O&M) Date of decision: 04.11.2024 Ram Rattan ..Petitioner

Versus

BBMB and others ..Respondents CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:

Mr. HS Saini, Advocate for the petitioner.

Mr. Anil Sharma, Advocate for the respondents. *** AMAN CHAUDHARY, J. (Oral) CM-17150-CWP-2024 Prayer made in the present petition is for disposing of the same in terms of LPA No.1996 of 2016.

On the oral request made by learned counsel for the petitioner, the main case is taken on board today itself. Disposed of.

Main Case 1.

Prayer made in the present petition is for direction to respondents to count previous work charge service of the petitioner w.e.f 26.04.1987 to 11.08.1993 rendered by him BSL/BCB Project later taken over by BBMB as qualifying service for the purpose of pensionary benefits in terms of Instructions dated 04.07.1991.

2.

The case was adjourned sine die with liberty to parties to move application after decision of LPA No.49 of 2021 titled as Balak Ram (since deceased) thr. his LRs vs. BBMB and others and LPA No.1996 of 2016 titled as Balbir Singh (since deceased) thr. his LRs vs. BBMB and others, which has since been allowed in favour of appellants therein vide judgment dated 18.09.2024, and learned counsel for the petitioner states that it covers his case on all fours, operative para thereof reads thus:- "23. Keeping in view the facts and circumstances as above, all the appeals are allowed, impugned decisions dated 17.08.2016, 03.02.2020 and 08.08.2023 are set aside. HAMANT 2024.11.05 17:25 I attest to the accuracy and integrity of this document

CWP-24061-2021 (O&M) Consequently, writ petitions filed by appellants/writ petitioners are allowed to the extent that respondent Board is directed to count service of appellants rendered by them under the Government of Punjab with Bhakra Dam Project, Beas Construction Board, Beas Satluj Link Board etc. for calculating qualifying service towards pension. Arrears of pension as payable to the appellants be released to them within a period of three months from receipt of certified copy of this decision. No interest thereon is liable to be released as the matter has been adjudicated upon and decided now. However, in case, amount in question is not released within three months from receipt of certified copy of this order, appellants shall be entitled to interest at the rate of 6% per annum from the date of order till actual deposit of the amount."

3.

Learned counsel for the respondents despite his best efforts has not been able to controvert the factual position and draw out any distinctive aspects in the aforementioned judgment or cite any contrary law. 4.

In view of the aforesaid, the present petition is disposed of in terms of the judgment passed in Balbir Singh (supra). ( AMAN CHAUDHARY ) 04.11.2024 JUDGE Hemant Whether speaking/reasoned : Yes/No Whether reportable :

Yes/No HAMANT 2024.11.05 17:25 I attest to the accuracy and integrity of this document