CWP No.17193 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.17193 of 2007 Date of decision: 4.8.2008 Chander Bhan ......Petitioner Versus Haryana Power Generation Corporation Ltd. & others ......Respondents CORAM:- HON'BLE MR.JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Y.P. Malik, Advocate for the petitioner. Mr. Arvind Kumar, Advocate for the respondents. Rakesh Kumar Garg, J. The petitioner who retired as Cleaner-cum-Messenger from the office of Executive Engineer, Switchyard Maintenance Division, Panipat of the respondent-Department has filed the present writ petition seeking a direction to the respondents to count the period of his work-charged service towards the length of the service for the purpose of computation of his pension and thereafter to refix his pension and accordingly grant him consequential benefits arising therefrom. The petitioner was appointed as Class-IV employee as T-Mate on 9.9.1977 in the Haryana State Electricity Board at Panipat Thermal Power Station on work-charged basis. Later on, the respondent-Board was converted into Haryana Power Generation Corporation Limited and also renamed as Tau Devi Lal Thermal Power Station, HPGCL, Panipat. The petitioner was made cleaner-cum-messenger w.e.f. 1.1.1983 and his services were regularized on 31.1.1992. In spite of the fact that the age of superannuation of Class-IV employee in all the Departments of State of Haryana is 60 years yet the petitioner was retired at the age of 58 years on CWP No.17193 of 2007 2 31.12.2004. On his retirement, the petitioner was granted his pensionary benefits without adding his services on work-charged basis (i.e. w.e.f. 9.9.1977 upto 31.1.1992). The petitioner made various representations for the grant of aforesaid benefit but to no avail. At last, he sent a legal notice dated 17.7.2007 through his counsel to all the respondents in this regard but this also proved to be a futile exercise. Hence, this writ petition. The claim of the petitioner has been contested by the respondents by filing written statement stating therein that the petitioner has failed to give his option within the time stipulated for counting the work- charged service towards pensionary benefits and has also failed to deposit his share for counting of work-charged service towards pensionary benefits. We have heard learned counsel for the petitioner and perused the record. Sh. Y.P. Malik, learned counsel for the petitioner, has vehemently argued that after the services of a work-charged employee have been regularized, he is a public servant like any other servant and there is hardly any logic to deprive him of the pensionary benefits as are available to other public servants under Rule 3.17(ii) of the Haryana Civil Service Rules. In support of his plea, learned counsel has relied upon a Full Bench judgement of this Court in Kesar Chand v. State of Punjab 1988 (2) PLR 223 and a judgement of this Court dated 16.9.2005 passed in CWP No.8573 of 2004 tilted as Bharpoor Singh v. Dakshin Haryana Bijli Vitran Limited wherein on similar facts, the petition was allowed and the petitioner therein was granted the benefit of work-charged service for counting the same for the grant of pension and other pensionary benefits. Counsel for the respondent was unable to controvert the ratio of law as settled by this Court in Kesar Chand’s case (supra) and CWP CWP No.17193 of 2007 3 No.8573 of 2004 titled as Bharpoor Singh v. Dakshin Haryana Bijli Vitran Limited. In view of the above, we find merit in the contention raised by counsel for the petitioner. The petitioner is entitled for counting of the work-charged service w.e.f. 9.9.1977 upto 31.1.1992 while considering the length of service for the grant of pension and other pensionary benefits. Consequently, the writ petition is allowed and the respondents are directed to grant the pensionary benefits to the petitioner on work- charged basis by counting the benefit of service and, thereafter, refix and commute his pension. The respondents are further directed to complete the necessary formalities and make the payment of consequential benefits such as arrears within three months from the date of receipt of certified copy of this order. (RAKESH KUMAR GARG) JUDGE August 4, 2008 (ADARSH KUMAR GOEL) ps JUDGE CWP No.17193 of 2007 4