CWP No.4485 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.4485 of 2010 Date of Decision: 08.07.2010 **** Raghbir Singh . . . . Petitioner VS. UHBVNL and others . . . . . 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. Jagbir Singh, Advocate for the petitioner Mr. Narender Hooda, Advocate for the respondents ***** SURYA KANT J. (ORAL) (1). The petitioner was appointed as a T-mate on work-charged basis on 02.08.1978 by the respondents. He continued as such and was further appointed/promoted as Assistant Lineman on work-charged basis. His services were, thereafter, regularized as an Assistant Lineman w.e.f. 01.08.1986. The petitioner is due to retire on 28.02.2013 on attaining the age of superannuation. (2). The short grievance of the petitioner is that the work-charged service rendered by him w.e.f. CWP No.4485 of 2010.doc - 2 – 02.08.1978 till 31.07.1986 is not being counted towards the ‘qualifying service’ for pension and other retiral benefits. The question as to whether or not the work-charged service followed by regularization is to be counted towards pensionary benefits is no longer res-integra. A Full Bench of this Court in Kesar Chand vs. State of Punjab reported as 1998(2) PLR 223 (FB) ruled that such work-charged service period shall have to be counted towards the ‘qualifying service’ for the purposes of retiral benefits. (3). Faced with this, learned counsel for the respondent-Corporation points out that the Predecessor-Board of the respondents, namely, the Haryana State Electricity Board had issued a Policy Circular dated 06.08.1993 (Annexure P1), whereby, in the light of the amendment dated 04.02.1992 carried out in the Punjab Civil Services Rules, Vol-II as applicable to the State of Haryana, ‘fresh options’ were invited from the work-charged employees for counting of their work-charged service towards pensionary benefits subject to the refund of the entire amount of employer’s contribution towards Provident Fund along with interest thereon received by such CWP No.4485 of 2010.doc - 3 – employees. The option was required to be exercised within a period of three months. It is alleged that the petitioner never exercised his option in response to the afore-stated Circular (Annexure P1). (4). The petitioner’s case, on the other hand, is that as per Clause (iv) of the above-mentioned Circular, the instruction was required to be brought to the notice of every work-charged employee and acknowledgement of the receipt was to be obtained. But the said Circular was never sent to the petitioner nor was it ever brought to his knowledge through any means. (5). No sooner the petitioner came to know about the aforesaid Circular, he represented to the respondent-authorities followed by a legal notice dated 25.02.2009 (Annexure P3). But having received no response from the respondents, he has approached this Court. (6). The above noticed objection raised by the respondent-Corporation in some what similar circumstances, did not find favour with this Court in a bunch of cases which were allowed and the SLPs preferred by the respondent-Corporation or its subsidiary Corporations against those orders, CWP No.4485 of 2010.doc - 4 – have also been dismissed by the Hon’ble Supreme Court vide Civil Appeal No.4903 of 2009 (Dakshin Haryana Bijli Vitran Nigam & Others vs. Bachan Singh) decided on 30.07.2009 (Annexure P4). (7). 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 06.08.1993 (Annexure P1) and/or subsequent Circulars dated 09.08.1994 (Annexure P2) within a period of three months from the date of receipt of a 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 along with 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. 02.08.1978 till 31.07.1986 towards his pensionary and other retiral benefits as and when the petitioner retires from service. CWP No.4485 of 2010.doc - 5 – (8). Ordered accordingly. (9). Dasti . (SURYA KANT) JUDGE 08.07.2010 vishal shonkar