CWP No.8279 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.8279 of 2010 (O&M) Date of Decision: 04.04.2011 **** Kewal Krishan Arora . . . . Petitioner VS. Punjab State Electricity Board & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers 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? **** Present: Mr. Manish Prabhakar, Advocate for the petitioner Mr. Deepak Sabharwal, Advocate for respondents No.1 to 5 Ms. Monica Chhibber Sharma, DAG Punjab **** SURYA KANT J. (ORAL) (1). The petitioner seeks quashing of the order dated 3rd April, 2007 (Annexure P10) passed by the Chief Engineer/DS (Border Zone) of the erstwhile Electricity Board denying the benefit of Government service rendered by the petitioner in the office of Director Archives, Punjab towards ‘qualifying service’ for the purpose of pension and other retiral benefits. (2). The undisputed facts are that the petitioner served as a Clerk in the office of Director, Archives, Punjab w.e.f. 03.08.1970 to 5.11.1977 and without any break he joined CWP No.8279 of 2010.doc - 2 – as UDC in the erstwhile Electricity Board. The petitioner has retired from service from the post of Senior Assistant on attaining the age of superannuation w.e.f. 30.04.2004. The question that arises for consideration is as to whether or not the Government service rendered by the petitioner in the office of Director, Archives, Punjab is to be counted towards ‘qualifying service’ for the purpose of pension and other retiral benefits? (3). The controversy involved is no longer res integra as a Division Bench of this Court in LPA No.278 of 2008 titled as Union of India vs. State of Punjab & Ors., 2009 (3) SCT 587 while quashing the Circular which is still being relied by the respondents, held as follows:- “We also dispose of CWP Nos.5245, 11243 of 2004 and LPA No.152 of 2004, on the analogy of the directions given above and direct the Punjab State Electricity Board to determine the pensionary and other retiral benefits due to the petitioners, within two months from today after counting the period for which the said petitioners have worked with the Government of India or with the Government of Punjab as the case may be. Needless to say, that the government of India shall even in those two cases reimburse to the Punjab State Electricity Board the proportionate amount in CWP No.8279 of 2010.doc - 3 – lumpsum towards pension and retiral benefits, within six months from today…..” xxx xxx xxx We are of the considered view that the ld. Single Judge has rightly allowed the writ petition by quashing the circular dated 25.11.93 and holding the petitioner to be entitled for counting his services rendered in the Central Government for the purpose of calculating pensionary benefits.” (4). For the reasons assigned in LPA No.278 of 2008 (supra), the writ petition is allowed; the impugned communication (Annexure P10) is quashed and the respondents are directed to count the service rendered by the petitioner in the office of respondent No.6 towards ‘qualifying service’ for the purpose of retiral and pensionary benefits subject to the condition regarding contribution of shares by respondent No.6 as has been laid down by the Division Bench in the cited case. (5). Ordered accordingly. Dasti. 04.04.2011 vishal shonkar (S u r y a K a n t) Judge