CWP No.16099 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 09.9.2010 Des Raj and others ...Petitioners VERSUS H.V.P.N. & Others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.R.C.Chatrath, Advocate for the petitioners Permod Kohli, J. (Oral) Notice of motion. Mr.Mohnish Sharma, Advocate appearing for Mr.Narender Hooda, Advocate who is present in Court has been asked to accept notice on behalf of the respondents. Keeping in view the controversy involved and with the consent of the counsel, this petition is disposed of at motion stage. The petitioners were appointed on daily wage basis on the dates indicated in Annexure P-1. Their services were later regularised between 1988 to 1993 as per details contained in the aforesaid Annexure. Petitioners have retired from service on the dates specified in the said Annexure. The grievance of the petitioners is that daily wage period has not been CWP No.16099 of 2010 2 considered towards the qualifying service for the purpose of payment of retiral benefits. The petitioners have referred to the judgment of the Hon'ble Supreme Court passed in Civil Appeal No.1772 of 2009 alongwith Civil Appeal Nos.2776 of 2007, 8309 of 2009, 8310 of 2009 etc. decided on 10.12.2009 wherein the Hon'ble Supreme Court has allowed the daily wage period of service to be counted towards the qualifying service for the purpose of pension in terms of Rule 3.17(A) (amended) as applicable to the State of Haryana. The aforesaid judgment of the Hon'ble Supreme Court has been implemented by the respondents as is evident from the memo dated 5.4.2010 (Annexure P-4). The petitioners are similarly situated. In view of the above, this petition is allowed. The respondents are directed to count the daily wage service of the petitioners towards the total length of service rendered by them as qualifying service for the purpose of pensionary/retiral benefits. Pensionary/retiral benefits be accordingly re- determined and released within a period of three months from the date certified copy of this order is served upon the competent authority. (PERMOD KOHLI) JUDGE 09.9. 2010 MFK