Punjab-Haryana High Court
Er. Kuldip Chand Bali vs State Of Punjab And Others on 19 May, 2011
Author: Augustine George Masih
Bench: Augustine George Masih
C.W.P. No. 8853 of 2011 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
C.W.P. No. 8853 of 2011
Date of Decision : May 19, 2011
Er. Kuldip Chand Bali
.... PETITIONER
Vs.
State of Punjab and others
..... RESPONDENTS
CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
* * *
Present : Mr. H.S.Saini, Advocate,
for the petitioner.
* * *
AUGUSTINE GEORGE MASIH, J. (ORAL)
Counsel for the petitioner contends that the petitioner is entitled to counting his work-charged service for one year and thereafter, regular service with the Beas Construction Board/Beas Satluj Link Project before he joined the respondent-Punjab State Electricity Board, which is now the Punjab State Power Corporation Ltd. (hereinafter referred to as the 'Corporation), from where he retired on 31.03.2004. He contends that earlier the petitioner had made a representation, which was, without considering or receiving comments from the Bhakhra Beas Management Board, rejected by the respondent-Punjab State Electricity Board. Thereafter, the same day, they had received a communication from the C.W.P. No. 8853 of 2011 2 Bhakhra Beas Management Board with regard to the service, which the petitioner had rendered, but that was also not taken into consideration. Thereafter, the petitioner, in the light of the judgment passed by this Court, vide representations dated 24.02.2005 (Annexure P-12) and 19.12.2008 (Annexure P-13) claimed the right of counting of his earlier service rendered with the Bhakhra Beas Management Board. These representations were primarily based upon the order passed by this Court in various cases of similarly placed employees with special reference to the order passed in LPA No. 115 of 2006 titled as The Punjab State Electricity Board vs. The State of Punjab and others, decided on 12.09.2008 (Annexure P-15). However, till date, no decision thereon has been taken. Recently, this Court in CWP No. 12278 of 2010 titled as Er. Ramesh Chander Mahajan vs. State of Punjab and others, decided on 05.10.2010 (Annexure P-16) has again granted the relief, as the petitioner is claiming. He, on this basis, contends that a direction may be issued to decide the claim of the petitioner within some specified time.
Having considered the submissions of the counsel for the petitioner, it would be just and appropriate that a detailed representation be filed by the petitioner referring to the judgments, reliance whereof has been placed by him in the present writ petition for claiming his right of counting his earlier service, which he had rendered with the Bhakhra Beas Management Board before joining the service with the respondent- Corporation. The said representation be filed within a period of two weeks' from today. In case, such a representation is filed, the same shall be considered and decided by the Chairman-cum-Managing Director, Punjab State Power Corporation Ltd.-respondent No. 2 within a period of three months' from the date of its receipt by passing a speaking order. The C.W.P. No. 8853 of 2011 3 order, so passed, be conveyed to the petitioner forthwith. If the petitioner is held entitled to the relief claimed by him, the same be granted to him and disbursed within a further period of two months.
Writ petition stands disposed of accordingly.
(AUGUSTINE GEORGE MASIH )
May 19, 2011 JUDGE
pj