Punjab-Haryana High Court
Balbir Singh vs State Of Punjab And Another on 4 March, 2024
Neutral Citation No:=2024:PHHC:030526
2024:PHHC:030526
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
113
CWP-3049-2024
Date of decision: 04.03.2024
Balbir Singh ....Petitioner
Versus
State of Punjab and another ....Respondents
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Present: Mr. Gaurav Mohunta, Advocate for the petitioner.
Mr. Rajesh Sehgal, Addl. A.G., Punjab.
Ms. Afreen Chaudhary, Advocate for respondent No.2.
NAMIT KUMAR J. (Oral)
1. The petitioner has filed the instant writ petition under
Articles 226/227 of the Constitution of India seeking a writ of
mandamus directing the respondents to notify the amendment in the
Punjab Ex-Servicemen Corporation (Service) Regulations, 1993 which
was approved by the Board of Directors in 143rd meeting held on
30.12.2020 (Annexure P-4) vide which retirement age of Group-D
employees has been increased from 58 years to 60 years in consonance
with the Punjab Civil Service Rules and to reinstate the petitioner back
into service on the post of Peon and allow him to continue till the age of
60 years.
2. The petitioner had earlier filed CWP No.18710 of 2023
with a prayer that he may be allowed to continue in service till the age
of 60 years. The said writ petition was dismissed as premature vide
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order dated 31.08.2023 and the relevant portion from the said judgment
reads thus :-
"xx xx xx xx xx
Learned counsel for the petitioner contends that the
petitioner has completed 58 years of age as on 15.8.2023
and has an apprehension that the respondents may retire
him forcefully today itself, i.e. 31.8.2023. He further
contends that he has sent representations dated 9.8.2023
(Annexure P-4) and 14.8.2023 (Annexure P-5) in this
regard to the respondents.
On 29.8.2023, learned State counsel sought time to
take instructions. Learned State counsel submits that the
contesting respondent is respondent No.2.
Today, Ms.Afreen Chaudhary, Advocate has put in
appearance on behalf of the Corporation-respondent No.2
and on instructions, while referring to the proceedings of
143rd Meeting of the Board of Directors held on
30.12.2020 submits that the Board of Directors
unanimously agreed to adopt the retirement age of PESCO
regular Group-D employees from 58 years to 60 years in
consonance with Punjab Civil Services Rules, as amended
and to forward the case to the Government for amendment
in the Punjab Ex-Servicemen Corporation (Service)
Regulations, 1993, but the same is under consideration
with the Government and has not been accepted as yet. She
further submits while referring to the correspondence made
vide letters dated 17.5.2023, 06.06.2023 and 17.07.2023,
photocopies of which have been provided during the Court
proceedings, wherein a reference for service revision from
58 to 60 years of Group-D employees had been made, but
till today the required amendment in the regulations of the
Corporation has not been made and unless and until the
regulations are amended and said amendment is
incorporated in the Punjab Ex-Servicemen Corporation
(Service) Regulations, 1993, the prayer of the petitioner
cannot be accepted at this stage. Learned counsel
appearing on behalf of respondent No.2 also refers to the
Section 31 of the Punjab Ex-Servicemen Corporation Act,
1978, which has been reproduced hereinbelow for ready
reference-
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"31. (1) The Corporation may, with the previous
approval of the Government, make regulations not
inconsistent with this Act and the rules framed
thereunder to provide for all matters for which
provision is necessary or expedient for the purposes
of giving effect to the provisions of this Act.
(2) In particular and without prejudice to the
generality of the foregoing power such regulations
may provide for-
(a) The duties which [the Chairman, the
Vice Chairman] and the Managing Director
shall perform.
(b) The time and places of meetings of the
Board and the Committees appointed by it
and the procedure to be followed in relation to
such meetings.
(c) The conditions which may be imposed
and the procedure which may be followed in
granting loans or entering into other
arrangement by the Corporation.
(d) The duties and conduct of the officers
and other employees of the Corporation.
(e) The establishment and maintenance of
provident fund and other benefits funds for the
officers and other employees of the
Corporation; and
(f) Generally, the efficient conduct of the
affairs of the Corporation.
(3) No regulations made under this Act shall have
effect until they are published in the Official
Gazette."
In view of the submissions made by the learned
counsel for respondent No.2 and from the perusal of
correspondence, it shows that as per the aforementioned
Act, amendment in the PESCO Regulations 1993,Para 11,
Chapter 6, which lays down the age limit to 58 years and
revision from 58 years to 60 years of GROUP-D employees
cannot be made unless said amendment is made and
incorporated in the Punjab Ex-Servicemen Corporation
(Service) Regulations, 1993. Furthermore, the submissions
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made by the learned counsel for respondent No.2 have not
been disputed by the learned counsel for the petitioner
regarding 143rd Meeting conducted by the Board of
Directors vide which the proposal regarding retirement age
at 60 years was made and even the said aspect has been
admitted in the pleadings. Accordingly, the prayer for
continuation in the service in light of Rule 3.26(a)(ii) of
Punjab Civil Services Rules is not tenable, unless and until
the proposal approved by Board of Directors of respondent
No.2 is incorporated by way of an amendment expressly or
by necessary implication. Therefore, the prayer of the
petitioner at this stage cannot be entertained being
premature.
Consequently, the present petition is dismissed."
3. On receipt of advance copy of writ petition, Ms. Afreen
Chaudhary, Advocate has put in appearance on behalf of respondent
No.2 and submits that in 151th meeting of the Board of Directors of
Punjab Ex-Serviceman Corporation held on 20.09.2023, it has been
approved by the Board of Directors that the age of retirement of Group-
D employees shall be kept at 58 years. She has produced a copy of said
Resolution dated 22.09.2023 which is taken on record. She also submits
that the present petition has become infructuous.
4. In view of the above, the claim raised by the petitioner
cannot be accepted in view of the decision of the Board of Directors
dated 20.09.2023.
5. Disposed of accordingly.
(NAMIT KUMAR)
04.03.2024 JUDGE
kothiyal
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
Neutral Citation No:=2024:PHHC:030526
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