1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 1514 of 1993. Date of Decision: 8.9.2011 *** Mrs. Sneh Lata Gupta & Anr. .. Petitioners VS. The Punjab State Electricity Board & Anr. .. Respondents CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. Sudhir Nar, Advocate for Mr. Jaspal Singh Manipur, Advocate for the petitioners. Mr. N.D. Kalra, Advocate for the respondents. *** ARVIND KUMAR, J. The petitioners were initially appointed as S.S. Mistress with respondent No.2 on work charge basis and they joined as such on 24.8.1988 and served as such uptil 20.4.1989 when their services were regularized and they were given the regular appointment/ scale. However, respondent No.2 granted the benefit of annual increment etc. by taking their age of appointment as 20.4.1989 and did not take into consideration the service rendered by them on work charge basis, prior to their regularization. The representation made by the petitioners in this regard was dismissed by respondent No.2 vide order dated 30.10.1992. Alleging that order dated 30.10.1992(Annexure P-5) is de-hors to the regulations and instructions issued by the Government, the petitioners have filed the instant writ petition with the prayer that the service rendered by them on work charge basis be considered. Upon notice, respondents filed reply. Though they admitted the factual aspect of the matter, but claimed that employees on work charge basis as well as regular appointment employees are governed by different sets of rules/ orders, according to which on regularization of a work charge employee, his pay is refixed in the pay scale admissible for the post on which he is regularized and under Rule 4.10 pay being drawn by him is protected and if he draws pay more than the initial scale of pay admissible to that post, he is paid increments for each completed year of his service so 2 that his pay fixed in the regular post is not less than that which he is already drawing. Fraction of the year is however to be ignored and if the pay being drawn by him is more than the maximum of the pay scale admissible to the regular pay, his pay would be fixed on the maximum of the pay scale and whatever extra he is getting in the work charge post is to be ignored in view of the provisions of Rule 4.10. Since the petitioners had not completed a year in the work charge post, so they could not be given any increment at the time of their regularization and as such their increment would fall after completion of one year of service from the date of regularization. Hence, the dismissal of writ petition was prayed for. I have heard learned counsel for the parties and have gone through the paper book carefully. The question which arises for consideration is whether the service rendered by the petitioners on work charge basis can be taken into consideration for computing the benefit of annual increment etc. However, this issue is no more res integra. It is well settled that a work charged employee constitute a distinct class and cannot be equated with any other category or class of employees much less regular employees and further that the work charged employee is not entitled to the service benefits which are admissible to regular employees. The Hon'ble Apex Court had an occasion to adjudicate upon the similar issue and in the cases of State of Punjab & Anr. Vs. Ashwani Kumar & Ors. 2009(1) RSJ 452 and Punjab State Electricity Board & Ors. Vs. Jagjiwan Ram & Ors. 2009(3) RSJ 656, while relying upon the case of State of Haryana Vs. Haryana Veterinary & AHTS Association & Anr. 2000(8) SCC4, it has been held that the service rendered by an employee on work charge basis/ ad hoc basis is not to be taken into consideration while granting the service benefits. In this view of the matter, there is no merit in the instant writ petition and the same is accordingly dismissed. However, it is made clear that nothing in this order shall debar the petitioners from staking their claim on counting the service on work charged basis, for the purpose of pension. (ARVIND KUMAR) September 8,2011 JUDGE Jiten