Punjab-Haryana High Court
Baljeet Singh vs Managing Director, Hvpnl And Ors on 30 April, 2024
Author: Jasgurpreet Singh Puri
Bench: Jasgurpreet Singh Puri
Neutral Citation No:=2024:PHHC:060574
CWP-15602-2023(O&M) -1- 2024:PHHC:060574
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-15602-2023(O&M)
Date of decision: 30.04.2024
Baljeet Singh
...Petitioner
VERSUS
Managing Director, HVPNL and others
...Respondents
CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI
Present:- Mr. Sandeep Thakan, Advocate, for the petitioner.
Ms. Prerna Malhotra,Advocate for
Mr. Prateek Mahajan, Advocate, for the respondents.
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JASGURPREET SINGH PURI, J. (Oral)
1. The present writ petition has been filed under Articles 226/227 of
the Constitution of India seeking issuance of a writ in the nature of mandamus
directing the respondents to count daily wages/work charge services for the
purpose of pensionary/retiral benefits to the petitioner which was rendered prior
to regularization.
2. Learned counsel for the petitioner has submitted that the petitioner
was appointed on daily wages in the year 1981 at class IV post and thereafter
his services were regularised on 01.10.1992 and thereafter, he retired on
31.03.2017 as AFM. He submitted that when he retired then his retiral benefits
were fixed and released to him for the period for which he discharged his
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duties on work charge basis but the period which he served on daily wages
was not counted for pensionary benefits which was in violation of the
judgments in Hari Chand Versus Bhakra Beas Management Board and
others, 2005(2) RSJ 373 and Kashmir Chand Versus Punjab State Electricity
Board and others, 2005(4) SCT 298. He submitted now during the pendency of
the present petition, the aforesaid relief has been granted to the petitioner by the
respondents by counting his daily wages service for pensionary benefits and an
amount of Rs. 1,92,712/- has been paid to the petitioner as arrears but it has
been paid without interest and the petitioner is also entitled for interest on the
aforesaid amount because the action of the respondents was not in accordance
with law and rather the respondents on their own have granted the benefit
because granting of the benefit was in accordance with law and the judgments
as aforesaid.
3. On the other hand, learned counsel appearing on behalf of the
respondents submitted that during the pendency of the present petition on
31.11.2023 the gratuity order has been prepared and the aforesaid amount has
been paid to the petitioner on 08.12.2023 but he has also furnished an
undertaking that now he has received the amount and he wants to finish the
Court case. She also supplied some documents including the aforesaid
undertaking but in a vernacular form which are taken on record as Mark-X. She
submitted that in view of the undertaking given by the petitioner, he is not
entitled for the grant of interest.
4. I have heard the learned counsels for the parties.
5. During the pendency of the present petition, the respondents have
granted the benefit of counting of past service by re-fixing the retiral benefits
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and granted the petitioner arrears of Rs. 1,92,712/-. However, as per learned
counsel for the petitioner interest on the same has not been paid and it was not
the fault of the petitioner whereby the aforesaid benefit was not granted to the
petitioner. This Court is of the considered view that once the respondents
themselves have granted the aforesaid benefit to the petitioner during the
pendency of the present petition especially in view of the settled law, then
interest on the same ought to have been given. Merely giving of an undertaking
by the petitioner is of no consequence and the same cannot be enforced against
the petitioner.
6. In view of the above, the present petition is partly allowed with a
direction to the respondents to grant an interest @ 6% per annum on the
aforesaid amount (if the interest amount has not already been paid) within a
period of 3 months from today.
(JASGURPREET SINGH PURI)
30.04.2024 JUDGE
rakesh
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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