IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.2574 of 2007 Date of Decision : July 08, 2010. Gurdial Singh .....Petitioner versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.S.K.Sharma Budhladawale, Advocate, for the petitioner. Mr.Palvinder Singh, Additional AG, Punjab. Ms.Urmil Gupta, Advocate, for respondent No.4. Mr.Vijay Kaushal, Advocate, for respondent No.5. -.- 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) On the oral request made by learned counsel for the petitioner, the State of Punjab through its Principal Secretary, Department of P.W.D., Public Health, Civil Secretariat, Chandigarh, is ordered to be impleaded as respondent No.6. Registry is directed to carry out necessary corrections in the memo of parties. Notice to the newly added respondent. Mr.Palvinder Singh, Additional Advocate General, Punjab, accepts notice on its behalf. C.W.P.No .2574 of 2007 2 The petitioner joined as a Mali-cum-Chowkidar on work- charge basis in the P.W.D. Public Health Department, Government of Punjab on 18.5.1972. While working as such, he was transferred to the Punjab Water Supply and Sewerage Board w.e.f. 1.1.1977. After serving the Board for more than 8 years, the services of the petitioner were further transferred to the Municipal Council, Sangrur w.e.f. 15.11.1985. His services were regularized by the Municipal Council, Sangrur w.e.f. 1.9.1988. The petitioner finally retired from service on attaining the age of superannuation on 30.9.2005. It appears that the petitioner has been paid his retiral dues only on the basis of the service rendered by him with the Municipal Council, Sangrur. Aggrieved, the petitioner has approached this Court. Notice of motion was issued and in response thereto, the other respondents have filed their respective counter-affidavits. I have heard learned counsel for the parties at some length and perused the records. There is no denial to the fact that the petitioner served the Public Health Department followed by his transfer to the Punjab Water Supply and Sewerage Board and then to the Municipal Council, Sangrur in the `public interest' there can indeed be no doubt that the entrie service rendered by the petitioner w.e.f. 18.5.1972 till he retired on attaining the age of superannuation, has to be taken into account as `qualifying service' for the purposes of granting gratuity, pension and other retiral service C.W.P.No .2574 of 2007 3 benefits/dues. The writ petition is accordingly allowed and (i) the Principal Secretary to the Government of Punjab, Department of PWD Public Health, and (ii) the Managing Director of the Punjab Water Supply and Sewerage Board, are directed to compute their proportionate liability towards the retiral dues of the petitioner in accordance with Rules/Government Instructions within a period of two months from the date of receiving a certified copy of this order and transfer the same to Municipal Council, Sangrur. . The Municipal Council, Sangrur, is directed to take into account the work-charge service rendered by the petitioner as `qualifying service' for the purposes of pension and other service benefits and shall release the consequential arrears to the petitioner for the above mentioned entire service, within a period of three months, from the date of receiving a certified copy of this order, failing which he shall be entitled for interest @9% per annum. The petitioner shall also be entitled to the revision of pension and arrears thereof shall be paid to him within the afore-stated stipulated period. Dasti. July 08, 2010 (SURYA KANT) Mohinder JUDGE