IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.3941 of 1991 (O&M) Date of Decision : 27.01.2010. Ex-Subedar Bachan Singh .....Petitioner versus State of Punjab and another .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : None for the petitioner. Ms.Charu Tuli, Senior Deputy Advocate General, Punjab. -.- 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? --- ORDER Surya Kant, J. (Oral) The petitioner seeks a direction to grant him the retiral benefits including pension and gratuity etc. after taking into consideration the entire length of service including the service rendered by him on work- charge basis as well as the `military service' rendered before joining as Work-Munshi in Public Health Works, Sub Division, Abohar, District Ferozepur. The petitioner joined the military service on 15.6.1942 and served till 15.6.1070 when he was retired. Thereafter, the petitioner joined C.W.P.No .3941 of 1991 (O&M) 2 the respondent-department as a Work-Munshi on work-charge basis w.e.f. 7.3.1972 and his services were subsequently regularized in the month of March, 1977. The petitioner retired from the Government of Punjab services on 30.6.1982 on attaining the age of superannuation. It appears that at the time of granting the retiral benefits, the services rendered by the petitioner in military as well as on work-charge service, have not been counted towards the total length of his service. Aggrieved, the petitioner has approached this Court. So far as the work-charge service rendered by the petitioner followed by regularization thereof is concerned, the issue stands settled by a Full Bench decision of this Court in Keshar Chand versus State of Punjab and others, A.I.R. 1988 (Punjab) 265, holding that the work- charge employees like the petitioner are entitled for counting their such service towards pensionary benefits. The aforesaid relief, thus, deserves to be granted to the petitioner. Ordered accordingly. As regards the benefit of `military service', learned State counsel submits that the petitioner is already getting independent pension from the Central Government for for the said service rendered by him and that double pensionary benefit for the same service is inadmissible. The plea appears to be correct as per Rules. In this view of the matter, the writ petition is allowed in part. The respondents are directed to count the service of the petitioner rendered by him on work-charged basis towards his pension and other consequential C.W.P.No .3941 of 1991 (O&M) 3 benefits. The resultant arrears alongwith simple interest @ 7% per annum shall be paid to the petitioner within a period of 6 months from the date of receiving a certified copy of this order. Dasti. 27-01-2010 (SURYA KANT) Mohinder JUDGE