IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 22393 of 2010 Date of Decision: 16.12.2010. Sukhdev Singh --Petitioner Versus H.P.G.C.L and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Vikas Chatrath, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Notice of motion. Mr. Mohnish Sharma, Advocate present in the Court on behalf of Mr. Narender Hooda, Advocate has been asked to accept notice on behalf of respondents. Keeping in view the nature of relief claimed and with the consent of learned counsel for the parties, this petition is being disposed of at the motion stage itself. The petitioner was initially appointed as Work Mate on work charge basis on 1.1.1977. His services were regularized on 9.4.1992 as Helper Grade-I. Thereafter, he was promoted as Technician Grade-II on 8.12.1988. Petitioner retired on 31.8.2010 on attaining the age of superannuation. The grievance of the petitioner is that his work charge service has not been counted towards his pensionary/retiral benefits and he has not been granted the benefit of higher standard pay scale admissible under the Govt. Instructions dated 6.8.1993 adopted by the respondents vide letter dated 12.11.2002 (Annexure P-3). CWP. No. 22393 of 2010 -2- It is agreed to by the learned counsel for the parties that the controversy regarding counting of work charge period is no more res integra having been settled by the Hon'ble Supreme Court in case of Dakshin Haryana Bijli Vitran Nigam & Others vs. Bachan Singh (Civil Appeal No.4903 of 2009 decided on 30.7.2009. On the basis of the judgment in Bachan Singh (supra), a coordinate Bench of this Court in a bunch of writ petitions including CWP No.17805 of 2009 (Bhunda Ram vs. UHBVNL and others decided on 25.2.2010) made following directions:- “(9) For the reasons afore-stated, the writ petition is allowed and the respondents are directed to allow the petitioner to exercise his option in terms of the Circular dated 6.8.1993 (Annexure P-1)and/or subsequent circulars dated 9.8.1994 (Annexure P2) within a period of three months from the date of receipt of certified copy of this order and thereafter, the respondent-Corporation shall inform the petitioner the amount of employer's contribution towards EPF to be deposited by him alongwith interest within a period of one month as stipulated under the Instructions and upon receipt thereof, the petitioner shall deposit the same within a period of two months thereafter. After the receipt of amount to be deposited by the petitioner, the respondents are directed to count the work-charged service rendered by the petitioner w.e.f. 7.11.1968 to 16.1.1976 towards his pensionary benefits which shall accordingly be revised/released at the earliest.” It is also admitted that the controversy regarding grant of benefit of the higher standard pay scale is also covered by a Division Bench judgement of this Court dated 16.1.2006 passed in CWP No. 17954 of 2004 (Annexure P-6). This judgement was challenged in the Hon'ble Supreme Court and it was decided along with Special Leave to Appeal (Civil) 2323 of 2006 on 1.9.2010, which already stands dismissed. Petitioner has also relied upon a judgement dated 31.10.2000 passed in Civil Appeal Nos. CWP. No. 22393 of 2010 -3- 5740-41 of 1997 titled as State of Haryana and others Vs. Ravinder Kumar and others, whereby the Hon'ble Supreme Court has granted the benefit of 8/18 years of service as also the higher standard pay scale on completion of 10/20 years of service (Annexure P-5). In view of the above, this petition is allowed. Respondents are directed to count the work charge period rendered by the petitioner towards his pensionary/retiral benefits. Petitioner is also entitled to benefit of additional increment on completion of 8/18 years of service as also the higher standard pay scale on completion of 10/20 years of service in terms of the above referred judgement. Let all the benefits of the petitioner be re-determined and released within a period of three months. (PERMOD KOHLI) JUDGE 16.12.2010. lucky