Civil Writ Petition No. 14692 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 14692 of 2011 Date of decision:-11.8.2011 Harjinder Singh ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Onkar Rai, Advocate for the petitioner. RITU BAHRI J.(Oral) Notice of motion. On asking of Court Mr. Praveen Chander Goyal, Addl.A.G. Punjab accepts notice on behalf of State. Counsel for the petitioner is directed to supply copy of petition to State Counsel today itself during the course of the day. Keeping in view the controversy involved and with the consent of both the parties the petition is being disposed of at the motion stage. The services of the petitioner were terminated by the Punjab Roadways Department on 31.12.1976. He raised an industrial dispute and vide Award dated 25.3.1982 the petitioner was re-instated with continuity of service without back-wages. On 31.12.2010 the petitioner retired after attaining the age of super-annuation, from the Punjab Roadways, Ludhiana on the post of Inspector. He has been paid retiral benefits on the length of service of 35 years 4 months and 26 days. The period of suspension of six years has not been included for the purpose of pensionary benefits. It is agreed to by the counsel for the parties that the controversy Civil Writ Petition No. 14692 of 2011 -2- involved in these petitions is no more res integra, having been settled by a Division Bench of this Court in the case of Rajinder Pal versus State of Punjab and others (CWP No.18920 of 2006) decided on 21.8.2008 wherein following observations/directions have been made :- “........We are of the view that the stand taken by the respondents is wholly unjustified. Once the petitioner has been reinstated with continuity in service, it does not lie in the mouth of the respondents to say that the said period cannot be counted towards qualifying service, as for the period in question, wages were not paid. In view of orders, passed by the Labour Court, it was incumbent for the respondents to notionally fix pay of the petitioner for the period in dispute and calculate the same towards qualifying service and thereafter pension amount should have been released in his favour. In view of facts, mentioned above, we allow this writ petition and direct the respondents to count period falling between April 24, 1974 till October 16, 1980 towards qualifying service and then refix pension of the petitioner. Arrears due be paid to the petitioner alongwith interest at the rate of 8% per annum (simple). In view of unreasonable stand taken by the respondents, petitioner shall also be entitled to get costs of Rs.5000/-.” The writ petition is allowed. Direction is given to the respondents to count the period of suspension of the petitioner when he remained out of service i.e. 31.12.1976 to 25.3.1982 towards pension. This exercise be completed within a period of four months from the date of receipt of certified copy of this order. August 11, 2011 ( RITU BAHRI ) Vijay Asija JUDGE