JUDGMENT 1. - The petitioner is praying that his pension be fixed on the basis of last pay drawn by him as Chief Engineer in Bhakra Beas Management Board (hereinafter called as BBMB), with a further direction to the respondent No. 1 to pay pension accordingly and to quash the order dated 13.4.1992 (Annexure-8) whereby the pension of the petitioner had been determined on the basis of notional pay of Additional Chief Engineer. 2. Admitted facts are that the petitioner was appointed as Assistant Engineer (Mechanical) in the Irrigation Department in the year 1959. He was promoted to the post of Executive Engineer. He was sent for appointment on transfer as Superintending Engineer at Beas Project vide order dated 26.12.1975 on the post allocated vide order dated 26.12.1975 on the post allocated to the State of Rajasthan. The petitioner was serving as Superintending Engineer with the Beas Project when he was selected for posting at Bhakra Beas Management Board. The petitioner was posted on transfer in the Irrigation wing of BBMB at Talwara Township against a newly created post vide letter Annexure-2 dated 13.4.1984. The Government of Rajasthan, Irrigation Department, concurred with the transfer of the petitioner as Superintending Engineer in BBMB. He was promoted as Chief Engineer in Beas Dam w.e.f. 20.5.1987 and transferred him as such by placing the services at BBMB vide Annexure-3. On receipt of Annexure-3 the Chairman BBMB was pleased to order the posting and transfer of the petitioner vide Annexure-4. The petitioner assumed the charge of Chief Engineer vide Annexure-5. 3. BBMB was constituted under the Punjab Re-organisation Act which was a joint venture of State of Rajasthan and State of Punjab & Haryana. It was responsible for the operation and maintenance of the project and Power Houses under its control. The necessary funds including the salaries were provided by the partner States proportionately. The staff on deputation in BBMB was considered as staff on transfer. 4. On attaining the age of superannuation, the petitioner retired on 31.5.1992 when he was holding the post of Chief Engineer, Beas Dam, BBMB. He has been paid the terminal leave of 178 days on the basis of last pay drawn vide Annexure-6. The petitioner was allowed the pension, commutation of pension and gratuity on the notional pay of Rs. 4. On attaining the age of superannuation, the petitioner retired on 31.5.1992 when he was holding the post of Chief Engineer, Beas Dam, BBMB. He has been paid the terminal leave of 178 days on the basis of last pay drawn vide Annexure-6. The petitioner was allowed the pension, commutation of pension and gratuity on the notional pay of Rs. 5,250/- per month fixed by the Government, considering the petitioner as Additional Chief Engineer whereas the pay of the petitioner at the time of retirement was Rs. 7,300/- + DA of Rs. 3,358/-. The grievance of the petitioner is that the posting at BBMB was a transfer and not deputation. The petitioner prays that Annexure-8 fixing the pension of the petitioner be modified to the extent that he be allowed the pay fixation on the last pay drawn when he was serving in BBMB. 5. It is further submitted that vide Annexure-12, the BBMB had also written a letter to the Chief Engineer, Irrigation Department wherein it had already been conveyed to the Pension Department that the petitioner was treated on transfer and not on deputation. The petitioner also attacks the order being discriminatory by saying that one D.C. Jain of Rajasthan Commercial Taxes Services who was functioning as Member, Rajasthan Sales Tax Tribunal on the date of retirement was given the post-retiral benefits on the basis of emoluments drawn by him as Member of the said Tribunal vide Annexure-15 and similarly one H.S. Choudhary who was functioning as Chairman and Administrator, Rajasthan Canal Project, was given all retinal benefits on the basis of emoluments drawn by him on the said post. 6. Reliance has also been placed on Rule 256-D of the Rajasthan Service Rules which provides that in respect of a Government servant retiring on or after 1.9.1986 the amount on superannuation, retiring, invalid, and pension shall be paid and pension to be determined on 50% of the emoluments subject to minimum of Rs. 300/- p.m. etc. 7. Reliance is also placed on a Division Bench judgment of Punjab & Haryana High Court in the case of Nirmal Singh Vs. 300/- p.m. etc. 7. Reliance is also placed on a Division Bench judgment of Punjab & Haryana High Court in the case of Nirmal Singh Vs. State of Punjab, C.W.P. No. 6768/96 decided on-10.12.1996 relating to the case of an employee of Punjab Government who was sent to BBMB wherein it was held that the emoluments drawn by their respective employees will be the same and a direction was given to re-compute the retiral benefits. The petitioner Nirmal Singh in the above-said case was working as SDO with BBMB and was drawing the basic salary of Rs. 4,875/- when he retired from service on superannuation, while computing pensionary benefits he was treated to have drawn the basic salary of Rs. 3,800/-, the retiral benefits were fixed accordingly. His request for fixing the retiral benefits on the last pay drawn was not granted by the State authorities. It was held as under: 'In the above view, when it is admitted that last drawn pay of the petitioner was Rs. 4,875/-, the retiral benefits due to him should be computed on that basis. Respondents were clearly in error in computing his pensionary benefits, on the wrong understanding that his basic pay was Rs. 3,800/- per month. Respondents are directed to re-compute the retiral benefits due to the petitioner, i.e. pension, gratuity etc., on the basis of his last drawn pay of Rs. 4,875/- per month. The amount so calculated should be disbursed to the petitioner within two months from the date of receipt of copy of this judgments. We make it clear that amounts already paid should be given credit to.' 8. The Division Bench judgment in the case of Nirmal Singh was challenged before the Supreme Court by the State of Punjab wherein the Hon'ble Supreme Court affirmed the order of the High Court by holding that the employees of the State of Punjab who had been transferred to BBMB and who ultimately retired from Board while serving 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. The Hon'ble Supreme Court in (2) Special Leave to Appeal (Civil) No. 10098/97 had observed as under: 'It becomes clear that those erstwhile employees of the State of Punjab who had on the appointed date i.e. 1.11.1996 stood statutorily transferred to the Bhakra Beas Management Board (hereinafter 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 have petitions are dismissed. We make it clear that the learned counsel for the petitioners has made a clear statement that on 1.11.1996 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.' (Photostat copies of the judgment of Punjab High Court and Supreme Court are placed on record.) 9. In view of the above discussion, the writ petition is allowed with the direction that the retiral benefits of the petitioner shall be recomputed on the basis of last pay drawn in BBMB and the difference of amount so calculated should be disbursed to the petitioner within a period of four months from the date of receipt of the copy of the judgment. No order as to costs.Petition Allowed. *******