IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.1734 of 2007 (O&M) Date of decision:17.05.2010 Rajinder Singh ….Petitioner versus State of Haryana through its Financial Commissioner & Principal Secretary to Government Haryana, Power, New Civil Secretariat, Sector 17, Chandigarh and others …Respondents II. Civil Writ Petition No.1771 of 2007 (O&M) Rattan Singh ….Petitioner versus State of Haryana through its Financial Commissioner & Principal Secretary to Government Haryana, Power, New Civil Secretariat, Sector 17, Chandigarh and others …Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ------ Present: Mr. Ram Niwas Sharma, Advocate, for the petitioners. Mr. Ravi Dutt Sharma, Deputy Advocate General, Haryana. ----- 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? ----- K.Kannan, J (Oral) 1. In both the writ petitions, the only point for consideration is the entitlement of the petitioners to claim the reckoning of the period of service as a work charged employee for the purpose of computing the Civil Writ Petition No.1734 of 2007 (O&M) - 2 - number of years of service for pension and other terminal benefits. 2. This point has been reasoned in a judgment of the Hon'ble Supreme Court in Dakshin Haryana Bijli Vitran Nigam & others Versus Bachan Singh in Civil Appeal No.4903 of 2009, dated 11.09.2009 where the Hon'ble Supreme Court has directed that if the work charged employee's services are subsequently regularized and the employee continues in service without any break, the said period of service as a work charged employee should also be counted for the number of years for determination of pension and other benefits. This Court has also considered in several other cases that such an employee would obtain the benefit on condition that the petitioner refunds any benefit that he may have by contributory provident fund amounts received at the time of retirement. The Electricity Board shall be at liberty to make calculations of its own contributions made towards CPF and recover the same before admitting the petitioners for pension and for computation of the years of service as a work charged employee for granting pension. 3. The writ petitions are allowed on the above terms. There shall be however no directions as to costs. (K.KANNAN) JUDGE 17.05.2010 sanjeev