Ram Kishan & Another vs D.H.B.V.N.L. And Others on 27 August, 2010

[Cites 1, Cited by 4]

Punjab-Haryana High Court

Ram Kishan & Another vs D.H.B.V.N.L. And Others on 27 August, 2010

Bench: Permod Kohli

CWP No.15352 of 2010                                           1


    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                  CHANDIGARH.



                            DATE OF DECISION:         27.8.2010


Ram Kishan & Another                                      ...Petitioners


                           VERSUS
D.H.B.V.N.L. and others
                                                          ...Respondents

                       CORAM

      HON'BLE MR.JUSTICE PERMOD KOHLI


PRESENT: Mr.Manoj Chahal,            Advocate for the petitioners

             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.

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, the petitioner is entitled to the pensionary CWP No.15352 of 2010 2 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 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."

CWP No.15352 of 2010 3

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. Let the retiral/pensionary benefits be released accordingly within three months from the date a certified copy of this order is received by the competent authority.

(PERMOD KOHLI) JUDGE 27.8. 2010 MFK CWP No.10585 of 2010 4

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