Civil Writ Petition No. 20834 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 20834 of 2010 Date of Decision: 29th Sept.,2011. Nirmal Singh ...Petitioner Versus The Managing Director, DHBVN Ltd. & Others ...Respondents CORAM: HON'BLE MS. JUSTICE NIRMALJIT KAUR Present: Mr.Madan Mohan Advocate for the petitioner. Mr.Mohnish Sharma Advocate for the respondents. * * * Nirmaljit Kaur, J.(Oral) This is a petition under Articles 226/227 of the Constitution of India for issuance of an appropriate writ directing the respondents to count the work charge service of the petitioner for pensionary and other benefits as well as for quashing of the order Annexure P -2. Learned counsel for the petitioners has made two prayers. The first prayer is for counting the work charge service on the basis of last pay drawn by the petitioner on retirement on superannuation, to release the arrears of pension with interest. With respect to this prayer, learned counsel for the respondents does not dispute that the said issue is squarely covered by the ratio of the judgment rendered by the Hon'ble Supreme Court in Dakshin Haryana Bijli Vitran Nigam and Others Vs. Bachan Singh reported as 2010(1) RSJ 274 as well as the judgment rendered by this Court in case Mohinder Singh Vs. U.H.B.V.N. Ltd. & Others decided on 11.11.2010 in CWP No.20056 of 2010. Accordingly, the said prayer is allowed in the same terms as CWP No.20056 of 2010 decided on 11.11.2010. The second prayer made by learned counsel for the petitioner is for release of the gratuity amount as calculated by the Controlling Authority Civil Writ Petition No. 20834 of 2010 2 vide order dated 03.11.2009 (Annexure P-1). It is evident from Annexure P/1 that the balance amount of gratuity due to the petitioner after deduction was calculated as Rs.1,84,530/-. Thereafter, the Appropriate Authority while sanctioning the said amount vide order dated 26.03.2004 placed on record as Annexure P-2, deducted the amount which already stood deducted and released an amount only Rs.70,890/-. The same appears to have been done erroneously. The above said facts are not disputed by learned counsel for the respondents. Accordingly the order Annexure P-2 is set aside and the respondents are directed to sanction an amount as per the amount calculated by the Controlling Authority vide order dated 03.11.2009 Annexure P/1 along with interest. Petition is allowed in the above terms. (Nirmaljit Kaur) 29th September, 2011. Judge Seema-II