Balwinder Singh vs Pseb And Anr
2024 Latest Caselaw 5907 P&H

Punjab-Haryana High Court

Balwinder Singh vs Pseb And Anr on 15 March, 2024

                                                    Neutral Citation No:=2024:PHHC:031685




CWP No.5913 of 2017 (O&M)
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                                                           2024:PHHC:031685

     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH


                                           CWP No.5913 of 2017 (O&M)
                                               Reserved on: 05.03.2024
                                             Pronounced on: 15.03.2024


Balwinder Singh (since deceased) through his LRs
                                                                ....Petitioner
                                  Versus

Punjab State Electricity Board and another
                                                             ....Respondents

CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:     Mr. Lalit Goyal, Advocate
             for Mr. Aman Dhir, Advocate for the petitioner.

             Ms. Monica Chhibber Sharma, Advocate
             with Ms. Priyanka Goyal, Advocate
             for respondent No.1 - PSEB.

             Mr. Gautam Thapar, Advocate for respondent No.2.

NAMIT KUMAR J. (Oral)

1. The petitioner has approached this Court by way of filing

the present petition seeking a writ of certiorari for quashing the letter

dated 21.10.2016 (Annexure P-7) whereby the claim of the petitioner

for grant of gratuity for the period of service rendered by him with

Punjab State Electricity Board w.e.f. 18.04.1974 to 02.08.1978, has

been rejected. Further a writ of mandamus has been sought for directing

the respondents to release the payment of gratuity for the abovesaid

period along with interest.

2. The brief facts, as have been pleaded in the petition, are

that the petitioner was working as Upper Division Clerk (U.D.C.) in

Punjab State Electricity Board (now Punjab State Power Corporation

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Limited) w.e.f. 18.04.1974 to 02.08.1978. In pursuance to the

advertisement issued by the Punjab Scheduled Castes Land

Development and Finance Corporation, Chandigarh, the petitioner

applied for the post of Accounts Assistant and was appointed vide order

dated 23.10.1978. He retired from the said Corporation on 31.12.2006,

on attaining the age of superannuation.

3. It is the case of the petitioner that after his retirement, he

submitted representations dated 13.06.2007 and 24.06.2013 (Annexures

P-4 and P-5) to the Executive Director, Punjab Scheduled Castes Land

Development and Finance Corporation, Chandigarh, for release of his

gratuity of 04 years service rendered in Punjab State Electricity Board,

Patiala, followed by reminder dated 27.10.2016 and the said claim along

with other claims of the petitioner have been rejected vide impugned

order dated 21.10.2016 (Annexure P-7).

4. On issuance of notice of motion, separate replies have been

filed by respondent No.1 - PSEB/PSPCL and respondent No.2 - Punjab

Scheduled Castes Land Development and Finance Corporation,

Chandigarh.

5. In the reply filed by respondent No.1 - PSEB/PSPCL, it

has been averred as under:-

                      "XXXX        XXXX              XXXX         XXXX
              2).     a. That in reply to contents of para 2 (a) of the

petition it is submitted that the petitioner has no cause of action to file the present petition. The petitioner was appointed as UDC (Upper Divisional Clerk) in Punjab State Electricity Board (herein after PSEB) as officiating UDC in the scale of Rs. 150-8-166/10-216/230-10-300

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vide Chief Accounts Officer, PSEB, Patiala Memo no. 7399 dt. 08.04.1974 & joined on the post of UDC on 18.04.1974 A.N. He resigned on 08.11.1978 A.N. and his resignation was accepted vide Chief Auditor, Patiala 0/0 354 dt 02.07.1979. It is admitted that the experience certificate was issued to the petitioner by A.O. Field, Jalandhar on 02.08.1978, (Annexure P/1) mentioning that Sh. Balwinder Singh U.D.C s/o Sh. Hazara Singh is working as U.D.C. in P.S.E.B. Department since 18.04.1974 A.N. His work and conduct is satisfactory.

XXXX XXXX XXXX XXXX"

6. In the reply filed by respondent No.2 - Punjab Scheduled

Castes Land Development and Finance Corporation, Chandigarh, it has

been averred as under:-

"XXXX XXXX XXXX XXXX

2. That the claim of the petitioner does not sustain after a long period of 11 years, as the petitioner retired from the service on 31.12.2006 and he is filing a writ petition in the year 2017. Moreover the delay of 11 years has not explained by the petitioner. As such, the writ petition deserves to be dismissed out-rightly on this score.

3. That the petitioner after retirement remained silent and allegedly gave a representation on dated 13.06.2007 and demanded gratuity of his previous service and thereafter keep giving the reminders and never adopt the legal remedy.

XXXX XXXX XXXX XXXX

3. That the contents of para no 3 of the writ petition are wrong and incorrect to the extent that the petitioner has joined service through proper channel. It is pertinent to mention here that the initial application vide which the petitioner applied for the post of Accounts Assistant there

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was no any recommendation from the PSEB (his previous employer). It is only typed by the petitioner/applicant on the Top "Through Proper Channel" but there was no any recommendation by the previous employer i.e PSEB. Moreover on the backside of the application it is handwritten that "An advance copy of the application is sent hereby and the application through proper channel will follow soon". Which clearly show that the application of the petitioner was not through proper channel. The true typed copy of the said application along with back side writing is attached herewith the Reply as Annexure R-2/1 for the kind perusal of this Hon'ble Court. Rest of the contents of this para are correct as matter of facts and record. However it is submitted that the illegal claim of the petitioner has rightly denied by the answering respondent.

XXXX XXXX XXXX XXXX"

7. It is the stand of the respondents that firstly the present

petition has been filed after a considerable delay of 11 years and

secondly, it has been submitted that since the petitioner has resigned

from the earlier service and has not applied for the post of Accounts

Assistant through proper channel, therefore, no benefit of the earlier

service rendered by him can be granted for the purpose of gratuity.

8. Learned counsel for the petitioner submits that the

petitioner is entitled for gratuity for the service rendered by him with

Punjab State Electricity Board from 18.04.1974 to 02.08.1978 and since

the experience certificate was issued by the said authorities, therefore,

even if he has resigned from the earlier service, he is entitled for the

gratuity amount.

9. Per contra, learned counsel(s) for the respondents submits

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that since the petitioner has resigned from the earlier service and has

applied for the post of Accounts Assistant directly and not through

proper channel and there is no provision for grant of gratuity for the

earlier service, therefore, the claim of the petitioner is liable to be

rejected. They have placed reliance upon the Full Bench judgment of

this Court in RSA No.13 of 2009, titled as "State of Haryana and

others vs Dr. (Mrs.) Sudha Seth", decided on 18.09.2009, wherein it

has been held that on resignation, the employee forfeits his past service

for the purpose of pensionary benefits.

10. I have heard learned counsel for the parties and perused the

record with their able assistance.

11. Admittedly, the petitioner was earlier working as Upper

Division Clerk with Punjab State Electricity Board (now Punjab State

Power Corporation Limited) and has rendered service from 18.04.1974

to 02.08.1978. Thereafter, he applied for the post of Accounts Assistant

with respondent No.2 where he was appointed as such on 23.10.1978.

He retired from service on attaining the age of superannuation on

31.12.2006. He had resigned from service of Punjab State Electricity

Board on 08.11.1978 and his resignation was accepted by the Chief

Auditor, Patiala, vide order dated 02.07.1979. He has not applied

through proper channel in respondent No.2 - Department. The Full

Bench judgment of this Court in Sudha Seth's case (supra) has held that

an employee on resignation forfeits his past service for the purposes of

pensionary benefits as he has severed his relationship with his employer

and as such cannot be made the basis of claiming pensionary benefits.

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12. In view of the above, there is no merit in the present

petition and the same is hereby dismissed with no order as to costs.

                                               (NAMIT KUMAR)
                                                   JUDGE
15.03.2024
yakub
             Whether speaking/reasoned:              Yes/No

             Whether reportable:                     Yes/No




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