CWP No.1173 /2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 12.10.2010 Panna Lal ...Petitioner VERSUS Dakshin Haryana Bijli Vitran Nigam Ltd. and others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Ajay Chaudhary, Advocate for the petitioner Mr.Sudhir Kumar, Advocate Mr.Narender Hooda, Advocate for respondents Permod Kohli, J. (Oral) Keeping in view the controversy involved and with the consent of learned counsel for the parties, this petition is disposed of at motion stage itself. Learned counsel for the petitioner submits that he has instructions to make statement that the petitioner does not press the relief with regard to grant of ACP. Only the other prayer of the petitioner be considered whereunder he is claiming benefit of counting the services of daily wage period towards qualifying service for pensionary benefits. CWP No.1173 /2010 2 Petitioner was appointed as T. Mate on 4.11.1979 by the erstwhile Haryana State Electricity Board (now DHBNL) on daily wage basis and on 22.7.87 on work charge basis. Later on the service of the petitioner was regularized as Work Mate on 8.6.1990. The petitioner was further promoted to the post of ALM and he retired as such on 30.6.2007 on attaining the age of superannuation. The petitioner is claiming pensionary and other retiral benefits by taking into consideration the entire service rendered by him, including the daily wage and work charge period. It is acceded to by the learned counsel for the parties that the controversy involved in this petition is no more res integra having been settled by the Hon'ble Supreme Court 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. Relying on the aforesaid judgment of Hon'ble Supreme Court, this Court allowed counting of services rendered on the daily wage period vide order dated 9.9.2010 passed in CWP No.16099 of 2010. As regards the work charge period is concerned, State government issued instructions dated 10.12.2004 (Annexure P-2) for counting work charge period towards qualifying service for pension. Issue also stands decided by Hon'ble Supreme Court in the case of Dakshin Haryana Bijli Vitran Nigam and Ors. vs. Bachan Singh (Civil Appeal No.4903 of 2009 decided on 30.7.2009). In view of the above, the respondents are directed to count the daily wage and work charge service of the petitioner towards the total length of CWP No.1173 /2010 3 service rendered by him 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. Disposed of. (PERMOD KOHLI) JUDGE 11.10. 2010 MFK CWP No.10585 of 2010 4