Punjab-Haryana High Court
Dula Ram And Others vs Uttar Haryana Bijli Vitran Nigam ... on 7 September, 2010
Author: Permod Kohli
Bench: Permod Kohli
CWP No.7412 of 2010 (1 )
In the High Court of Punjab and Haryana at Chandigarh
Date of decision: 07.09.2010
(1) CWP No.7412 of 2010
Dula Ram and others ... Petitioners
Versus
Uttar Haryana Bijli Vitran Nigam Limited
and others ... Respondents
(2) CWP No.7418 of 2010
Birmah and others ... Petitioners
Versus
Uttar Haryana Bijli Vitran Nigam Limited
and others ... Respondents
CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI
Present: Mr. Jagbir Malik, Advocate, for the petitioners.
Mr.Praveen Gupta, Advocate,for the respondents.
PERMOD KOHLI, J. (Oral):
The petitioners were initially engaged on daily wages. Subsequently, their services were regularised. The petitioners are still in service and posted in the office of respondent Nos.4 and 5 and will retire from service on attaining the age of superannuation.
The short grievance of the petitioners is that the period of service rendered by them on daily wages is not being counted or considered towards qualifying service for the purpose of grant of retiral benefits. The petitioners made various representations. Some of which are attached as Annexures P-2 to P-4. They also served legal notices dated 15.12.2009. CWP No.7412 of 2010 (2 )
It is contended that the respondents are required to include the period of daily wages service towards qualifying service in terms of Rule 3.17-A (1) (i) of the Punjab Civil Services Rules, Volume-II. The petitioners have placed reliance upon judgments of the Hon'ble Supreme Court which are attached as Annexures P-6, P-7 (in CWP No.7412 of 2010) as also Annexures P-15 and and P-16 (in CWP No.7418 of 2010).
During the course of hearing, Mr. Malik has also placed on record copy of the recent instructions issued by the respondents vide memo dated 17.06.2010. In this memo. it has been directed that the benefit of the service rendered on daily wages be given in accordance with the provisions of the rules.
Mr.Gupta, learned counsel appearing for the respondents submits that these instructions have been issued by the respondents with a view to grant benefit of daily wages service to such employees who were later appointed on regular basis.
In view of the above, these writ petitions are disposed of with a direction to the respondents to decide the representations/legal notice of the petitioners within a period of three months from the date a certified copy of this order is made available to the competent authority. Needless to say, in the event the claim of the petitioners is to be rejected, the same be shall by passing a speaking and reasoned order.
A copy of this order be placed on the record of connected file.
07.09.2010 (PERMOD KOHLI) BLS JUDGE