Punjab-Haryana High Court
Parkash Ram And Others vs P.S.E.B. Etc on 15 July, 2011
Civil Writ Petition No.12439 of 2010 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No.12439 of 2010
Date of Decision: 15th July,2011.
Parkash Ram and Others
...Petitioners
Versus
P.S.E.B. etc.
...Respondents
CORAM: HON'BLE MS. JUSTICE NIRMALJIT KAUR
Present: Mr.S.S.Rana Advocate
for the petitioners.
Mr.Pavit Pattewal Advocate
for respondents No.1 & 2.
Mr.Gautam Kaile Advocate for
Mr. Ajay Gupta Advocate
for respondent No.3.
***
Nirmaljit Kaur, J.(Oral)
Learned counsel for the petitioners states that he restricts his prayer only for counting the work charge period for grant of pension and pensionary benefits on the basis of last pay drawn by the petitioners in the pay-scale of Bhakra Beas Management Board. It has further been contended that the said relief prayed for is squarely covered in a judgment rendered by the Division Bench of this Court in the case of Raja Ram Malik etc. vs. HVPN Ltd. Etc. decided on 25.03.2008 in C.W.P. No.17956 of 2006.
Learned counsel for the respondents although does not dispute that the said issue has been settled by the above-mentioned judgment, contends that the petitioners have not filed any representation and in fact, they had retired way back in 2001. As such, they are not entitled for the relief on account of delay.
Heard. The relief sought herein is for counting the work charge service towards pensionary benefits. The said benefit prayed for is a Civil Writ Petition No.12439 of 2010 2 recurring loss. As such, the question of delay and latches does not arise.
In view of the admitted petition that the said issue is squarely covered by the ratio of the judgment rendered by the Division Bench of this Court in Raja Ram Malik etc. vs. HVPN Ltd. Etc.(supra), the present petition is allowed in the same terms.
(Nirmaljit Kaur) th 15 July, 2011. Judge Seema-II