CWP No.7247 of 2005.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.7247 of 2005 (O&M) Date of Decision: 06.04.2010 **** Jai Gopal Sharma and others . . . . Petitioners VS. State of Punjab and others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 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? **** Present: Ms. Jai Shree Thakur, Advocate for the petitioners Ms. Charu Tuli, Sr. DAG, Punjab ***** SURYA KANT J. (ORAL) (1). In this Civil Writ Petition, the petitioners who were initially the employees of the Punjab State Handloom and Textiles Development Corporation Ltd (PUNTEX) seek a direction to the respondents to count the services rendered by them in the aforesaid Corporation towards their retiral and pensionary benefits in accordance with the decision taken by the High Powered Committee constituted by the State Government in its meeting held on 06.02.1992 (Annexure P1). CWP No.7247 of 2005.doc - 2 – (2). It may be noticed here that the above-stated Corporation was owned and controlled by the State Government which was decided to be wound-up and its employees like the petitioners were ordered to be absorbed in the services of the State Government Departments. The petitioners were also absorbed in different Government Departments. Their grievance is that the service rendered by them in the Corporation is not being taken into account by the respondents towards qualifying service for the grant of retiral and pensionary benefits in spite of the conscious decision taken by the High Powered Committee of the State Government referred to above. (3). The question as to whether or not the service rendered by the petitioners in a Government-owned/controlled Corporation shall qualify towards pensionary/retiral benefits on absorption in the State Government Service is no longer res integra as ld. counsel for the parties are ad idem that the same stands resolved in favour of the petitioners by a Division Bench of this Court in LPA No.44 of 2006 titled as State of Punjab & Others v. Subhash Chander Chadha and another decided on 24.03.2009 (Annexure A-1) against which the Special Leave Petition (Civil Appeal CWP No.7247 of 2005.doc - 3 – No.23807 of 2009) preferred by the State of Punjab has also been dismissed by the Hon’ble Supreme Court on 01.10.2009 (Annexure A-2). (4). For the reasons afore-stated, the writ petition is allowed in terms of the decision of the LPA Bench in Subhash Chander Chadha’s case (supra). It is directed that all the consequential service benefits shall be granted to the petitioners preferably within a period of four months from the date of receipt of a certified copy of this order. (5). Ordered accordingly. (6). Dasti . (SURYA KANT) JUDGE 06.04.2010 vishal shonkar