IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 15397 of 2010 Date of Decision: 27.8.2010. Pyare Lal and others --Petitioners Versus D.H.B.V.N.L and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. J.S. Yadav, 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 present in the Court on behalf of Mr. Narender Hooda, Advocate has been asked to accept notice on behalf of respondents. Keeping in view the nature of relief claimed and with the consent of learned counsel for the parties, this petition is being disposed of at the motion stage itself. The petitioners were initially engaged on work charge basis and subsequently their services were regularized as per the details mentioned in para 3 of the writ petition. Petitioners also earned promotions and retired on attaining the age of superannuation. The petitioners, thereafter, approached the respondents for counting their work charge service for the purpose of pensionary benefits. Petitioners were informed that they did not opt for pension in terms of the letter dated 6.8.1993 and letter dated 9.8.1994, hence, their work charge period could not be counted towards the CWP. No. 15397 of 2010 -2- pensionary/retiral benefits. It has been contended that the aforesaid Govt. letters/circulars were not circulated to the petitioners and thus they could not exercise their options. The petitioners have relied upon a judgement of this Court dated 29.5.2002 passed in CWP No. 12758 of 2000 and judgement dated 18.10.2006 passed in CWP No. 4201 of 2004. In the later judgement dated 18.10.2006 a Division Bench of this Court observed that the circulars of 1993 and 1994 were required to be got noted from the employees and since it was not done, the employees are entitled to computation of work charge period towards qualifying service. In CWP No. 4201 of 2004 following directions were issued:- “ 3. In view of the above, the writ petitions are allowed. The petitioners are held entitled to computation of work charged service as qualifying service from 3.7.1967 to 31.10.1988 and 11.5.1963 to 31.10.1988 respectively. The employer's contribution in the provident fund drawn by the petitioners shall be adjusted and set off from the arrears which may become payable after the aforementioned calculation and computation. The respondents shall undertake the exercise of computation and calculation of arrears and complete the same within a period of two months from the date of certified copy of this order is supplied to them. The petitioners shall also be entitled to interest on the arrears after setting off of contributory provident fund to the extent of employer's contribution at the rate of 8% per annum from the date the arrears were payable till the date of appointment. The petitions stand allowed in the above terms. Petition allowed.” CWP. No. 15397 of 2010 -3- The petitioners are similarly placed and thus entitled to the benefit of the aforesaid judgement. This petition is, accordingly, allowed in terms of the aforesaid judgement. (PERMOD KOHLI) JUDGE 27.8.2010. lucky