Ram Nath vs Haryana Vidyut Parsaran Nigam Ltd & Anr
2024 Latest Caselaw 5866 P&H

Punjab-Haryana High Court

Ram Nath vs Haryana Vidyut Parsaran Nigam Ltd & Anr on 14 March, 2024

Author: Jasgurpreet Singh Puri

Bench: Jasgurpreet Singh Puri

                                      Neutral Citation No:=2024:PHHC:037101




                                                       2024:PHHC:037101
CWP-4869-2017                                                                   -1-

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        IN THE HIGH COURT OF PUNJAB & HARYANA
                     AT CHANDIGARH
                                  ***
                             CWP-4869-2017
                       Date of Decision: 14.03.2024

Ram Nath (represented through LRs)                                ..... Petitioner

                                   Versus

Haryana Vidyut Parsaran Nigam Limited and another
                                                                ..... Respondents

CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI

Present:    Mr. Anil Kumar Sharma, Advocate,
            for the petitioner/LRs.

            Mr. Rajesh Gaur, Advocate,
            for the repsondents.

                         ****

JASGURPREET SINGH PURI, J. (ORAL)

1. The present is a writ petition filed under Articles 226/227 of the

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

directing the respondents to count the work-charge service/contract service

followed by regular service for the purpose of increments and retiral benefits

of the petitioner in view of the service conditions, instructions, rules

especially Punjab Civil Services Rules as adopted by the respondent-

Corporation.

2. Learned counsel for the petitioner submitted that the deceased

petitioner was appointed as Driver on work-charge basis and thereafter, his

services were regularized by the respondent-Nigam. He further submitted

that after the services of the petitioner were regularized, his services which

he rendered on work-charge basis, have not been counted for grant of

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Neutral Citation No:=2024:PHHC:037101

2024:PHHC:037101

pensionary benefits and also submitted that the law in this regard is no

longer res integra and further submitted that the case of the petitioner is

covered by the judgments of a Co-ordinate Bench of this Court passed in

"Kesar Chand Vs. State of Punjab and others", 1989(1) RSJ 629 and also

in CWP-14449-2011 titled as "Chiranji Lal and others Vs. Haryana

Vidyut Prasaran Nigam Ltd. And another", decided on 26.05.2015

(Annexure P-2).

3. Mr. Rajesh Gaur, learned counsel for the respondents submitted

that so far as the aforesaid judgments are concerned, there is no dispute with

regard to the same and it is also correct that the deceased petitioner was

appointed on work-charge basis and thereafter, his services were regularized.

4. In view of the aforesaid facts and circumstances, the present

petition is allowed as being covered by the ratio of the aforesaid judgments

passed by a Co-ordinate Bench of this Court in Kesar Chand's case (supra)

and Chiranji Lal and others case (supra). The respondents are directed to

refix the pension and all the retiral benefits of the deceased petitioner, after

counting his services during the work-charge period and after calculating the

arrears, pay the same to the LRs of the deceased within a period of four

months.

14.03.2024                                   (JASGURPREET SINGH PURI)
Bhumika                                              JUDGE
             1. Whether speaking/reasoned:     Yes/No
             2. Whether reportable:            Yes/No




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