CWP No. 8845 of 2006 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CWP No. 8845 of 2006 Date of decision May 19, 2010 Shri Bhagwan, SSA (retd.) ....... Petitioners Versus Uttar Haryana Bijli Vitran Nigam Ltd. , Vidyut Sadan, Vidyut Nagar, Hisar through its Managing Director and others. ........ Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Vikas Chatrath, Advocate for the petitioners. Mr. Vijender Panghaal, Advocate for the respondents. **** K. Kannan, J (oral). 1. The claim of the petitioner is that the number of years of service of the work charge employees must also be reckoned for the purpose of calculating the length of service for pension. The issue raised in the writ petition is squarely dealt with by the decision of the Hon'ble Supreme Court in Dakshin Haryana Bijli Vitran Nigam and others Vs. Bachan Singh in Civil Appeal No. 4903 of 2009 where the Hon'ble Supreme Court has held that where the work charge service has ultimately culminated in regular service without any break such service shall also be counted for the purpose of pension. 2. In the light of the judgment, the writ petition is allowed and the petitioner will have the benefit of the years of service that he has served as work charged employee to be counted as qualifying number of years of service for the purpose of pensionary benefits. The CWP No. 8845 of 2006 2 respondents will take a decision to admit the petitioner for pensionary benefits subject to however the condition that the contributions that have been made towards EPF shall be refunded by the petitioner. The entire exercise shall be done within a period of eight weeks. (K. KANNAN) JUDGE May 19, 2010 archana