Punjab-Haryana High Court
Suresh Kumar vs Hpgcl And Others on 6 October, 2010
Author: Permod Kohli
Bench: Permod Kohli
CWP No.18108 of 2010 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
DATE OF DECISION: 6.10.2010
Suresh Kumar ...Petitioner
VERSUS
HPGCL and others
...Respondents
CORAM
HON'BLE MR.JUSTICE PERMOD KOHLI
PRESENT: Mr.PK Rohilla, Advocate for the petitioner
Mr.Mohnish Sharma,Advocate for
Mr.Narender Hooda, Advocate for respondents
Permod Kohli, J. (Oral)
Notice of motion. Mr. Mohnish Sharma, Advocate appearing for Mr.Narender Hooda, Advocate has been asked to accept notice on behalf of respondents. Keeping in view the controversy involved and with the consent of learned counsel for the parties, this petition is disposed of at motion stage itself.
Petitioner was appointed as T. Mate on work charge basis on 1.12.1977. His services were regularized. He retired from service on attaining the age of superannuation on 31.5.2009. The petitioner was granted pensionary benefits only for his regular service. The petitioner is claiming pensionary and other retiral benefits by taking into consideration CWP No.18108 of 2010 2 the entire service rendered by him, including the work charge period.
It is acceded to by the learned counsel for the parties that the controversy involved in this petition is no more res integra having been settled by the Hon'ble Supreme Court in case of Dakshin Haryana Bijli Vitran Nigam & Others vs. Bachan Singh (Civil Appeal No.4903 of 2009 decided on 30.7.2009. In this view of the matter, the petitioner is entitled to the pensionary benefit by taking into consideration the work charge period. On the basis of the judgment in Bachan Singh (supra), a coordinate Bench of this Court in a bunch of writ petitions including CWP No.17805 of 2009 (Bhunda Ram vs. UHBVNL and others decided on 25.2.2010) made following directions:-
"(9) For the reasons afore-stated, the writ petition is allowed and the respondents are directed to allow the petitioner to exercise his option in terms of the Circular dated 6.8.1993 (Annexure P-1) and/or subsequent circulars dated 9.8.1994 (Annexure P2) within a period of three months from the date of receipt of certified copy of this order and thereafter, the respondent-Corporation shall inform the petitioner the amount of employer's contribution towards EPF to be deposited by him alongwith interest within a period of one month as stipulated under the Instructions and upon receipt thereof, the petitioner shall deposit the same within a period of two months thereafter. After the receipt of amount to CWP No.18108 of 2010 3 be deposited by the petitioner, the respondents are directed to count the work-charged service rendered by the petitioner w.e.f. 7.11.1968 to 16.1.1976 towards his pensionary benefits which shall accordingly be revised/released at the earliest."
In view of the above, this petition is disposed of with a direction to the respondents to count the work charge service of the petitioner towards pensionary/retiral benefits and calculate the arrears accordingly. Let the retiral/pensionary benefits be re-determined and released accordingly and the arrears thereof be released within two months from the date a certified copy of this order is received by the competent authority.
(PERMOD KOHLI) JUDGE 6.10. 2010 MFK CWP No.10585 of 2010 4