Lilu Ram vs Managing Director And Others
2024 Latest Caselaw 8747 P&H

Punjab-Haryana High Court

Lilu Ram vs Managing Director And Others on 24 April, 2024

Author: Jasgurpreet Singh Puri

Bench: Jasgurpreet Singh Puri

                                       Neutral Citation No:=2024:PHHC:057043




                                                                 2024:PHHC:057043
CWP-29135-2022                                                                   -1-


247
           IN THE HIGH COURT OF PUNJAB & HARYANA
                       AT CHANDIGARH
                                    ***
                             CWP-29135-2022
                        Date of Decision: 24.04.2024

Lilu Ram                                                            ..... Petitioner
                                     Versus

Managing Director, UHBVNL and others                              ..... Respondents

CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI

Present:     Mr. Sandeep Thakan, Advocate,
             for the petitioner.

             Mr. Anil Chawla, Advocate,
             for the respondents.

                          ****
JASGURPREET SINGH PURI, J. (ORAL)

1. The present writ petition has been filed under Article 226/227

of the Constitution of India for issuance of a writ in the nature of certiorari

for setting aside the impugned order dated 04.10.2022 (Annexure P-7)

passed by the repsondents with a further prayer for directing the respondents

to count daily wages/work charge services which he rendered prior to his

regularization for the purpose of grant of pensionary/retiral benefits to the

petitioner in view of the judgment passed by this Court vide Annexure P-2

and to release the aforesaid benefits to the petitioner along with interest.

2. Learned counsel for the petitioner submitted that the petitioner

joined the respondent-Nigam as Daily Wager on 11.12.1979 and worked on

daily wage service till 10.08.1987 and thereafter, rather he worked till the

time of his regularization in the year 1992. He further submitted that as per

the reply filed by the respondents his earlier service rendered as daily wager

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Neutral Citation No:=2024:PHHC:057043

2024:PHHC:057043

has been counted only for a period from 11.12.1979 to 10.08.1987 but his

services from 1987 to 1992 have not been counted. He submitted that in

view of the law laid down by Full Bench of this Court in "Kesar Chand Vs.

State of Punjab and others" 1987 AIR (Punjab and Haryana) 265, his

entire service was required to have been counted for the purpose of

pensionary benefits.

3. On the other hand, Mr. Anil Chawla, learned counsel appearing

on behalf of the respondents submitted that as per the reply filed by the

respondents-Nigam, the entire service of the petitioner has been counted for

the purpose of grant of pensionary benefits and submitted that in case any

services are left out then the same will be considered by the Nigam and a

speaking order will be passed in this regard by the competent authority.

4. In view of the aforsaid position and the reply filed by the

respondents wherein it has been so stated that the earlier service of the

petitioner which he rendered on daily wages has already been counted, the

present petition is disposed of. However, the respondents are directed to look

into this issue as to whether the entire service of the petitioner has been

counted or not and thereafter, the competent authority shall pass a speaking

order in this regard within a period of three months from today.

24.04.2024                        (JASGURPREET SINGH PURI)
Bhumika                                     JUDGE
             1. Whether speaking/reasoned:      Yes/No
             2. Whether reportable:             Yes/No




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