- (1.) This petition seeks quashing of notice dated 29.6.2005, Annexure P. 9, rejecting the claim of the petitioner for calculating pension payable to him on the basis of last pay drawn from the Bhakra Beas Management Board (BBMB).
(2.) Case of the petitioner is that he joined BBMB as LDC on ad hoc basis on 27.7.1964. He was thereafter selected and posted on regular basis in the BBMB on 18.8.1966. He was allocated to the State of Haryana. He was promoted as SDC and transferred to Yamuna Nagar on 4.10.1979 and he was again transferred to BBMB on 8.11.1979. Vide circular dated 6.11.1992, the BBMB adopted uniform pay pattern for the employees allocated to the States and serving the BBMB. They were given option to opt for the pay scales of the BBMB. The petitioner opted for the same. On 26.5.1997, the petitioner exercised his option to seek Pensionary benefits on the basis of last pay drawn by him in the BBMB. On 12.8.2002, the State of Haryana issued instructions that employees on service with BBMB were entitied to fixation of pension on the basis of last pay drawn from the BBMB. The relevant part of the instructions is as under : "(b) Haryana Government employee deputed to serve in the Bhakra Nangal and Beas Management Board (BBMB) against the share quota posts of the State of Haryana. (i) The BBMB was created under Part VIII of the Punjab Reorganisation Act, 1966 for the administration, maintenance and operation of the Project with the rights of the successor states defined therein. Section 79(4) of the Reorganization Act deals with the issue of staff and establishment of the project. In so far as the employees covered under this category are concerned i.e. those who are deputed to serve with the BBMB under the share quota posts allocated to the successor States under the statutory scheme. Pay scales allowed for different categories of employees with the BBMB are higher than those approved by the State of Haryana for those categories serving in the State. However, the employees deputed to serve under the BBMB are allowed to opt for the BBMB pay scales for the period they serve as such. The BBMB, as in the case of Chandigarh Administration, is not required to deposit the leave salary and pension contribution of State of Haryana in respect of these employees for the period of deputation. It is in this context that service under the BBMB is not treated as foreign service under 2.4 of the Haryana Government executive instructions dated 11.5.77 and 17.3.87 respectively. (ii) There has been some litigation by the employees serving in BBMB regarding reckoning of emoluments for the purposes of pension and gratuity involving both the States of Punjab and Haryana. A brief resume of the orders of the Hon'ble Punjab and Haryana High Court and the Hon'ble Apex Court is as follows : xx xx xx xx xx (iv) CWP No. 10098/97 arising from the judgment and order dated 10.12.1996 in CWP No. 6768/96 State of Punjab V/s. Nirmal Singh etc. The State of Punjab filed the SLP against the orders of Punjab and Haryana High Court in CWP No. 6768/1996. The orders of the Hon'ble Supreme Court of India are reproduced as under : "We have heard the learned counsel for the parties. In the light of Statutory scheme of Section 79(4) of Punjab Reorganisation Act, 1966 (hereinafter referred to as 'the Act') and in the light of the Punjab Civil Service Rules (hereinafter referred to as the Punjab Rules) especially Rule 2.21 Rule 10.2(a), Rule 6.19-C which is to be read with Rule 2.44 of the Punjab Rules it becomes clear that those erstwhile employees of the State of Punjab who had on the appointed date i.e. 1.11.1966 stood statutorily transferred to the Bhakra Beas Management Board (herein referred to as the Board) and who ultimately retired from the Board while serving in the Board will be governed by the impugned orders of the High Court and will have to be paid pension according to the last pay drawn by them at the time of the retirement from the Board. We make it clear that we confirm the decision of the High Court only to the aforesaid extent and as all the contesting respondents fall within this category of cases the special leave petitions are dismissed. We make it clear that the learned counsel for the petitioners has made a clear statement that on 1.11.1966 all the respondents were statutorily transferred to the Board and have retired from the Board. The decision of the High Court in their favour is being confirmed on that basis. The pension dues of the respondents as per the scheme of the Act will have to be paid by the State of Punjab and not by the Board which is merely a disbursing agency." xx xx xx Keeping the above in view, the Government of Haryana decides as under in respect of the employees covered under this category : (a) Pension of all those employees who statutorily stood transferred to the BBMB as on 1.1l. 1966 in terms of Section 79(4) of the Reorganisation Act and allocated to the State of Haryana should be fixed on the basis of emoluments drawn by them from the BBMB at the time of retirement." However, the claim of the petitioner has been rejected by the impugned order.
(3.) Stand of the State of Haryana is that the petitioner was promoted as Sub Divisional Clerk and he worked with the State of Haryana from 4.10.1979 to 8.11.1979 for about one month and, thus, his service was not continuous with the BBMB and instructions dated 12.8.2002 did not apply. We have considered the rival submissions and perused the record.;