IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 22479 of 2010 Date of Decision: 16.12.2010. Ram Kumar --Petitioner Versus D.H.B.V.N. Ltd. & others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. R.S. Sangwan, Advocate for the petitioner. *** 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 petitioner was appointed on work charge basis on 10.4.1987 in the respondent-department. Thereafter, his services were regularized. He also earned promotion and retired as Assistant Lineman on attaining the age of superannuation. Petitioner has filed this petition for counting of work charge service rendered by him for the purpose of qualifying service towards pensionary/retiral benefits. It is agreed 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 CWP. No. 22479 of 2010 -2- 2009 decided on 30.7.2009. In this view of the matter, the petitioner is entitled to the pensionary/retiral benefits by taking into consideration the work charge period rendered by him towards the qualifying service for the purposes of pensionary/retiral benefits 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.” In view of the above, this petition is disposed of with a direction to the respondents to count the service rendered by the petitioner on work charge basis towards the qualifying service for pensionary/retiral benefits. Let the retiral/pensionary benefits be determined and released accordingly within three months from the date a certified copy of this order is received by the competent authority. (PERMOD KOHLI) JUDGE 16.12.2010. lucky