IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** C.W.P. No.11070 of 2006 (O&M) Date of Decision:13.09.2011 The Water Supply Sewerage Karamchari Union, Moga .....Petitioner Vs. State of Punjab and others .....Respondents CORAM:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. R.K. Arora, Advocate for the petitioner. Mr. N.S. Pawar, Addl. AG, Punjab. Mr. D.S. Ratta, Advocate for respondent No.4. Mr. Suvir Kumar, Advocate for Mr. V.K. Kaushal, Advocate for respondent No.5. **** DAYA CHAUDHARY, J.(Oral) The present petition has been filed for quashing of order dated 25.11.2005 (Annexure P-8) passed by respondent No.2 vide which the claim of the members of the petitioner – Union for granting pension and other retiral benefits by counting their entire service including the service on work-charge basis, has been rejected, which is violative of the Full Bench Judgment in case of Kesar Chand v. State of Punjab dated 2.6.1988 as well as Division Bench judgment of this Court in C.W.P. No.1996 of 2001 decided on 18.8.2003 reported as 2003(4) SCT 1. Learned counsel for the petitioner submits that the case of the petitioner is squarely covered by the judgment in C.W.P. No.2574 of 2007 titled as Gurdial Singh v. State of Punjab and others decided on 8.7.2010 as well as C.W.P. No.5076 of 2004 titled as Om Parkash and Others v. State of Punjab and others decided on 18.11.2010. C.W.P. No.11070 of 2006 (O&M) -2- Learned counsel for the respondents oppose the claim of the petitioner but have not controverted the decisions passed in the above said petitions and also not controverted the submissions made by learned counsel for the petitioner. Heard the arguments of learned counsel for the petitioner and also have gone through the impugned order as well as the judgments passed in C.W.P. No.2574 of 2007 decided on 8.7.2010 and C.W.P. No.5076 of 2004 decided on 18.11.2010. From perusal of the abovesaid two judgments, it appears that the case of the petitioner is squarely covered by the said judgments. Accordingly, the present petition is allowed and impugned order dated 25.11.2005 (Annexure P.8) is quashed. The necessary relief as granted in Gurdial Singh's case (supra) be granted to the petitioner- Union. September 13, 2011 ( DAYA CHAUDHARY ) renu JUDGE