CWP No.16236 of 2008 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.16236 of 2008 (O&M) Decided on : 24.02.2009 Chandan Singh ....Petitioner VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR. JUSTICE AJAY TEWARI Present:- Mr. M. K. Sangwan, Advocate for the petitioner. Mr. A. K. Gupta, Addl. A. G., Haryana Mr. Narender Hooda, Advocate for respondents No.2 to 5. AJAY TEWARI J. C.M. No.847 of 2009 Application is allowed. CWP No.16236 of 2008 Written statement filed on behalf of respondents No.2 to 5 is taken on record. In this petition, the petitioner has claimed that his service on daily wage post be counted for pension since he was regularized without any delay. The only plea taken in the written statement is that only work charge has to be counted towards pensionary benefits and not daily wage service. The petitioner has relied upon a decision of this Court rendered in CWP No.16236 of 2008 (O&M) -2- the case of Kashmir Chand V. Punjab State Electricity Board and others reported as 2005(4) RSJ 581 held as follows:- “We are of the opinion that services rendered by the petitioner on daily-wage and work-charge basis should be counted as qualifying service for pensionary benefits. The petitioner was working as a whole-time employee and was paid wages on monthly basis. The respondents have not disputed that there was no wilful absence from duty by the petitioner. In such circumstances, the period of service of 6 years and 29 days rendered by the petitioner on daily-wage basis has to be reckoned while computing the pensionary benefit of the petitioner.” In reply, this judgment is not disputed. In the circumstances, I hold that the petitioner is entitled to count his daily wage service for the purpose of pension. Accordingly, this writ petition is disposed of with a direction to the respondents to count the daily wage service of the petitioner for the purpose of pension. It is further directed that the pension benefits of the petitioner be refixed and the arrears on this account be released within the period of three months alongwith the enhanced amount of pension. February 24, 2009 ( AJAY TEWARI ) ashish JUDGE