C.W.P. No.19716 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.19716 of 2011 Date of Decision: 20.10.2011 Sudershan Kumar ....Petitioner Versus State of Haryana and others ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. S.K. Verma, Advocate for the petitioner. ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. (ORAL) The prayer of the petitioner in the present petition is for issuance of a writ in the nature of mandamus directing the respondents for counting the daily wages period rendered by the petitioner followed by regularization i.e from 08.08.1972 to 26.02.1979 for the purpose of pension and other consequential benefits while refixing his salary. It is contended that the case of the petitioner is squarely covered by the judgment of Full Bench rendered in the case titled as Keshar Chand vs. State of Punjab reported as 1998(II) LR 233, vide which, sub rule (ii) of Rule 3.17 of the Punjab Civil Services Rules, which provided that the period of service of work charged establishment will not be counted while determining qualifying service, was struck down. It is further stated that the case of the petitioner is also covered by the judgment of Division Bench of this Court in the case titled C.W.P. No.19716 of 2011 2 as Hari Chand vs. Bakhra Beas Management Board and others reported as 2005(2) RSK 373, as well as, the judgment titled as Babu Ram vs. State of Haryana and others reported as 2009(4) SLR (P&H), 337. Accordingly, the petitioner made several requests to the respondents and even sent a legal notice dated 03.06.2011 (Annexure P-1). However, the same has not been decided till date and nor the said period has been counted towards pension. In view of the above, the present petition is disposed of, at this stage, with a direction to the respondents to decide the legal notice dated 03.06.2011 (Annexure P-1), as expeditiously as possible, preferably within two months from the receipt of a copy of this order. However, in case, the petitioner is found entitled for the said relief, the same shall be released forthwith. In case, the claim of the petitioner is to be rejected, the same shall be by passing a speaking order. (NIRMALJIT KAUR) 20.10.2011 JUDGE gurpreet