IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.8839 of 2003 Date of Decision : August 24, 2010. Inder Mohan Khungar .....Petitioner versus Punjab State Electricity Board, Patiala and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.B.D.Sharma, Advocate, for the petitioner. Mr.Jagdev Singh, Advocate, for respondent No.1. Mr.Lakhinder Bir Singh, Advocate, for respondent Nos.2 & 3. Mr.H.S.Brar, Additional AG, Punjab, for respondent No.4. -.- 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? --- Surya Kant, J. (Oral) The petitioner retired from the post of Senior Executive Officer in the Punjab State Electricity Board. He seeks a mandamus to direct the Divisional Railway Manager, Allahabad and the Ministry of Railways, New Delhi, to release their contribution towards the pensionary benefits on pro-rata basis for the service rendered by him under respondent Nos.2 & 3. He further seeks a mandamus to direct respondent No.1 to count the service rendered by him with respondent Nos.2 & 3 towards qualifying service and grant the consequential retiral dues. C.W.P.No .8839 of 2003 2 The Punjab State Electricity Board as well as respondent Nos.2 & 3 have filed their respective reply-affidavits. Respondent Nos.2 & 3 in their reply have come up with a plea that the records pertaining to the years when the petitioner claims to have been in employment under respondent No.2 have been weeded out and the service record, leave account and settlement file of the petitioner are not available with them. Respondent No.1-Punjab State Electricity Board, on the other hand, has averred that in case the Railway authorities contribute on pro- rata basis as per the calculations made in Annexures P-1 & P-3, the PSEB authorities have no objection in accepting the petitioner's claim. During the course of hearing, learned counsel for the parties are ad-idem that the issue involved herein has already been settled by a Division Bench of this Court in Civil Writ Petition No.6680 of 2005 (S.C.Kapuria versus Punjab State Electricity Board and others), decided on 3.5.2007, as well as vide another Division Bench judgment dated 23.7.2008 passed in Civil Writ Petition No.17652 of 2006 (RR.Vir Bhan Sharma versus State of Punjab and others). The writ petition is accordingly allowed in terms of the afore- stated decisions of this Court in S.C.Kapuria's case (supra) and R.R.Vir Bhan Sharma's case (supra). Respondent Nos.2 & 3 shall trace out the service records of the petitioner and shall make necessary contributions in terms of the above-stated decisions, as early as possible but not later than five months from the date of receiving a certified copy of this order. The petitioner shall assist to respondent Nos.2 & 3 in re-construction of the C.W.P.No .8839 of 2003 3 service record, if needed and whatsoever document is in his possession, he may send a copy thereof to respondent Nos.2 & 3 within a period of two weeks. Dasti. August 24, 2010 (SURYA KANT) Mohinder JUDGE