CWP No. 8428 of 2008 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No. 8428 of 2008 Date of Decision : 30.11.2009 Gurmail Singh .......... Petitioner Versus The Chairman Bhakhra Beas Management Board & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. P.P.S. Doabia, Advocate for the petitioner. Mr. Sachin Mittal, Advocate for respondents No.1 & 2. Mr. Sukhbir Singh, Advocate for respondent Nos. 3 to 5. **** VINOD K. SHARMA, J. (ORAL) The petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents to count the workcharged / adhoc service w.e.f. 1.8.1966 to 5.12.1979 rendered by the petitioner for release of pensionary benefits. The petitioner was appointed as work charged T. mate on 1.8.1966 vide letter S.D.O., TLC, SD, Sangrur and worked as such till 5.12.1979. The petitioner retired from service on 30.4.2005, after being regularized. His service from 6.2.1979 to 30.4.2005 was only counted for CWP No. 8428 of 2008 2 pension. The petitioner issued a writ of demand to count his work charge service for the purpose of pension. The demand raised was not accepted, hence this petition. was released his employees provident fund for the services rendered by him as work charged employee. The writ petition was opposed by the respondents by taking the following preliminary objections :- “1. That the petitioner in the present petition is seeking direction to the respondent to count his work charge / adhoc service from 1.8.1966 to 5.12.1979 towards for the release of pensionary benefits and gratuity etc. It is submitted that the petitioner was working under the Bhakra Beas Management Board from the very beginning under the share quota of PSEB. The petitioner retired on 30.4.2005 from 220 KVA BBMB, Barnala. The petitioner made a representation for the first time on 10.1.2006 to BBMB, Hisar for counting his workcharge / adhoc service for pension / Gratuity etc. The said representation was sent by BBMB, Hisar to the Accounts Officer Pension Cell, Patiala for counting his service. The Accounts Officer Pension, PSEB, Patiala vide Regd. letter dated 31.3.2006 written to Additional Superintending Engineer O & M Division BBMB, Hisar to the facts that the amount of EPF of the petitioner may be certified from the EPF, Commissioner and the amount of the EPF CWP No. 8428 of 2008 3 alongwith 12% interest from the date of receipt of the EPF amount by the petitioner may be deposited and it may also be certified that the petitioner has not received any advance from any EPF office and asked to certified the workcharge service for pensionary benefits, so that the pensionary benefits for workcharge period can be granted to the petitioner. Alongwith the letter the service book was also send to Superintending Engineer O & M, Division, Hisar. The copy of the said letter was also sent to the petitioner. The copy of the letter dated 31.3.2006 is Annexed as Annexure R-1 to this reply. Thereafter the BBMB office, Hisar has not sent the service book after verification. Further the petitioner has not deposited the amount of EPF alongwith 12% interest with the answering respondent Board. As such the pensionary benefits after counting the adhoc / workcharge service could not be granted. It is pertinent to mention here that the PSEB vide Finance Circular No. 4/1997 dated 10.4.1997 has clarified that the employee who wanted to take the benefit of workcharge service has to deposit the EPF share of the Board alongwith interest @ 12% per annum. The relevant portion of the clarification portion is reproduced as under :- “This office vide Memo No. 179050/18050/Fin/PRC-1988-1/WC dated 7.12.1995 (Finance Circular No. 41/95) has clarified that those employees who wanted to take the pensionary benefit of workcharge CWP No. 8428 of 2008 4 service, the interest @ 12% be charged on the EPF share amount of the Board (including interest) from the next month of withdrawal of the amount till the deposit of the same with the PSEB and this decision will be applicable on all the employees who deposit the EPF amount after the issuance of this letter. 2. While further clarifying in this regard it is informed that only the simple interest on above rate is to be recoverable.” As the petitioner has not deposited the EPF amount alongwith interest for the workcharge period, so he is not entitled to the pensionary benefits for the said period. Further his workcharge period and adhoc period was not verified by the BBMB despite letter dated 31.3.2006. If the petitioner will deposit the amount of workcharge period alongwith interest the benefit of that service can be granted to the petitioner as per the rules and instructions applicable to the employees of the PSEB. The petitioner has already granted the pensionary benefits of the regular service rendered by him.” The learned counsel for the petitioner states that the petitioner has always been ready and willing to deposit the EPF amount released to him along with interest @ 12% P.A. In view of the stand taken by the respondents in the written statement and the stand taken by the petitioner in this Court, this writ CWP No. 8428 of 2008 5 petition deserves to be allowed, subject to the condition that the petitioner shall deposit the EPF amount along with interest @ 12% P.A. for the work charged period, within two months from the date of receipt of certified copy of this order. On deposit of amount the respondents shall redetermine the pensionary benefits payable to the petitioner by counting the work charged services rendered by him. Respondents No.1 & 2 are further directed to intimate to the petitioner, as well as respondents No.3 to 5 the amount of EPF which was released to the petitioner, which is required to be deposited along with interest @ 12 % P.A. This shall be done within one month from the receipt of certified copy of this order. The respondents No.1 & 2 shall also forward the service-book of the petitioner, duly verified to respondents No. 3 to 5 within the period stipulated, so as to enable them to calculate the pensionary benefit due to the petitioner. 30.11.2009 ( VINOD K. SHARMA ) 'sp' JUDGE