IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: September 1, 2011 1. L.P.A. No. 1297 of 2011 (O&M) Punjab State Electricity Board …Appellant Versus Baikunth Lal Paul and others …Respondents 2. L.P.A. No. 1298 of 2011 (O&M) Punjab State Electricity Board …Appellant Versus State of Punjab and others …Respondents CORAM: CORAM: CORAM: CORAM: HON’BLE MR. JUSTICE M.M. KUMAR HON’BLE MR. JUSTICE M.M. KUMAR HON’BLE MR. JUSTICE M.M. KUMAR HON’BLE MR. JUSTICE M.M. KUMAR HON’BLE MR. JUSTICE GURDEV SINGH HON’BLE MR. JUSTICE GURDEV SINGH HON’BLE MR. JUSTICE GURDEV SINGH HON’BLE MR. JUSTICE GURDEV SINGH Present: Mr. S.P.S. Tinna, Advocate, for Mr. Balwinder Singh Jolly, Advocate, for the appellant(s) 1. To be referred to the Reporters or not? 2. Whether the Judgment should be reported in the Digest M.M. KUMAR, J. M.M. KUMAR, J. M.M. KUMAR, J. M.M. KUMAR, J. 1. This order shall dispose of LPA Nos. 1297 and 1298 of 2011, filed under Clause X of the Letters Patent against the order dated 1.3.2011 and 5.10.2010 rendered by the learned Single Judge in CWP Nos. 6702 of 2010 and 12278 of 2010 respectively. The short issue raised in these appeals is whether the writ petitioner- private respondent(s) were entitled to count their previous service rendered with the Government of India and/or other authorities, towards qualifying service for the purposes of pension and other retiral benefits after their superannuation from the appellant-Board. 2. It is pertinent to mention that vide order dated 5.10.2010, learned Single Judge disposed of a bunch of petitions after placing reliance on two Division Bench judgments of this Court L.P.A. Nos. 1297 and 1298 of 2011 (O&M) L.P.A. Nos. 1297 and 1298 of 2011 (O&M) L.P.A. Nos. 1297 and 1298 of 2011 (O&M) L.P.A. Nos. 1297 and 1298 of 2011 (O&M) 2 rendered in the cases of The Punjab State Electricity Board The Punjab State Electricity Board The Punjab State Electricity Board The Punjab State Electricity Board v. v. v. v. The The The The State of Punjab and others State of Punjab and others State of Punjab and others State of Punjab and others (LPA No. 115 of 2006, (LPA No. 115 of 2006, (LPA No. 115 of 2006, (LPA No. 115 of 2006, decided on decided on decided on decided on 12.9.2008 12.9.2008 12.9.2008 12.9.2008 and S.C. Kapuria S.C. Kapuria S.C. Kapuria S.C. Kapuria v. v. v. v. Punjab State Electricity Board and Punjab State Electricity Board and Punjab State Electricity Board and Punjab State Electricity Board and others others others others, 2007 (4) SCT, 755 , 2007 (4) SCT, 755 , 2007 (4) SCT, 755 , 2007 (4) SCT, 755 as well as well as the judgment rendered in the case of Union of India Union of India Union of India Union of India v. v. v. v. State of Punjab and others State of Punjab and others State of Punjab and others State of Punjab and others, 2009 (3) , 2009 (3) , 2009 (3) , 2009 (3) SCT 597 SCT 597 SCT 597 SCT 597. The learned Single Judge has held that the issue stands concluded and the appellant-Board is under obligation to count their previous service rendered in the Government of India or any other organisation. The learned Single Judge issued the following directions:- "[i] The PSEB/Power Com shall be entitled to verify the service said to have been rendered by the petitioners in the Government of India/other Organization within a period of four months. If upon verification, the service rendered by the petitioners is found to be covered under the Government instructions dated 31.03.1982 as adopted by the Board on 25.11.1985, the benefit of such service shall be granted to the petitioner towards the 'qualifying service', within a period of two months thereafter; [ii] The Government of India/its Agencies/other Boards shall also be at liberty to verify the service particulars of the petitioners and intimate the PSEB in this regard and reimburse to the PSEB their proportionate share in lump sum towards the pension and other retiral benefits payable to the petitioners within a period of six months." L.P.A. Nos. 1297 and 1298 of 2011 (O&M) L.P.A. Nos. 1297 and 1298 of 2011 (O&M) L.P.A. Nos. 1297 and 1298 of 2011 (O&M) L.P.A. Nos. 1297 and 1298 of 2011 (O&M) 3 3. On 1.3.2011, the learned Single Judge also disposed of CWP No. 6702 of 2010 in terms of the order dated 5.10.2010. The judgment dated 5.10.2010 rendered by the learned Single Judge has already been assailed by the appellant-Board in LPA No. LPA No. LPA No. LPA No. 840 840 840 840 of of of of 201 201 201 2011 ( ( ( (Punjab State Electricity Board Punjab State Electricity Board Punjab State Electricity Board Punjab State Electricity Board v. v. v. v. Prem Singh Shahi Prem Singh Shahi Prem Singh Shahi Prem Singh Shahi and others) and others) and others) and others) and connected appeals. This Letters Patent Bench has already approved the view taken by the learned Single Judge, vide order dated 25.5.2011 passed in the aforementioned appeals. Learned counsel for the appellant-Board has not been able to controvert this factual position. He could not cite any contrary judgment to the view taken by the Letters Patent Bench in the order dated 25.5.2011. 4. In view of the above, these appeals are also dismissed in view of the judgment rendered in the case of Punjab State Punjab State Punjab State Punjab State Electricity Board Electricity Board Electricity Board Electricity Board v. v. v. v. Prem Singh Shahi Prem Singh Shahi Prem Singh Shahi Prem Singh Shahi and others and others and others and others (LPA No. LPA No. LPA No. LPA No. 840 840 840 840 of of of of 201 201 201 2011, decided on 25.5.2011 1, decided on 25.5.2011 1, decided on 25.5.2011 1, decided on 25.5.2011) and connected appeals. 4. A photocopy of this order be placed on the file of connected appeal. (M.M. KUMAR) (M.M. KUMAR) (M.M. KUMAR) (M.M. KUMAR) JUDGE JUDGE JUDGE JUDGE (GURDEV SINGH GURDEV SINGH GURDEV SINGH GURDEV SINGH) September 1 September 1 September 1 September 1, 2011 , 2011 , 2011 , 2011 JUDGE JUDGE JUDGE JUDGE PKapoor