Allowed

Ram Kumar and Ors. v. Uttar Hry Bijli Vitran Nigam and Ors.

Punjab & Haryana HC17 Nov 2010CWP/20454/2010

Case brief

AI extract

What is this about?

The Court allowed a writ petition wherein retired work charge employees claimed that their work charge period should be counted towards pensionary and retirement benefits including higher standard pay scale. The Court directed respondents to provide these benefits and redetermine payments.

What did the court decide?

Respondents directed to grant benefit of higher standard pay scale and pensionary benefits by counting work charge service; redetermine retiral/pensionary benefits and pay balance within three months.

Ram Kumar and Ors. Vs Uttar Hry… — Pension and Retirement Benefits | Punjab & Haryana HC (2010)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CWP. No. 20454 of 2010 Date of Decision: 17.11.2010.

Ram Kumar & others

--Petitioners

Versus

U.H.B.V.N. Ltd. & others

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--Respondents

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CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI.

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Present:Mr. R.N. Sharma, Advocate for the petitioners.

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PERMOD KOHLI.J (ORAL)

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Notice of motion.

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Mr. Sudhir Kumar, Advocate present in the Court on behalf of Mr. Narender Hooda, Advocate has been asked to accept notice on behalf of respondents.

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Keeping in view the nature of relief claimed and with the consent of learned counsel for the parties, this petition is being disposed of at the motion stage itself.

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The petitioners were appointed as work charge T-Mates/Store Mates on various dates and their services were regularized under the policies of Board/Nigam issued from time to time. They were promoted to the posts of Line Man/Store Keeper/AFM/CA. Petitioners retired from service on attaining the age of superannuation. However, while granting them the pensionary/retiral benefits the work charge period has not been counted. The petitioners have also raised a grievance that they have not been granted the benefit of higher standard pay scale on completion of 10/20 years of regular service in terms of the Govt. Instructions by counting the work charge period.

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CWP. No. 20454 of 2010 -2-

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In so far the benefit of work charge period for purposes of pensionary benefits is concerned, the issue is squarely covered by a judgement of the Hon'ble Supreme Court in case of Dakshin Haryana Bijli Vitran Nigam & Others vs. Bachan Singh (Civil Appeal No.4903 of 2009 decided on 30.7.2009. O n the basis of the judgment in Bachan Singh (supra), a coordinate Bench of this Court in a bunch of writ petitions including CWP No.17805 of 2009 (Bhunda Ram vs. UHBVNL and others decided on 25.2.2010) made following directions:-

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“ (9) For the reasons afore-stated, the writ petition is allowed and the respondents are directed to allow the petitioner to exercise his option in terms of the Circular dated 6.8.1993 (Annexure P-1)and/or subsequent circulars dated 9.8.1994 (Annexure P2) within a period of three months from the date of receipt of certified copy of this order and thereafter, the respondent-Corporation shall inform the petitioner the amount of employer's contribution towards EPF to be deposited by him alongwith interest within a period of one month as stipulated under the Instructions and upon receipt thereof, the petitioner shall deposit the same within a period of two months thereafter. After the receipt of amount to be deposited by the petitioner, the respondents are directed to count the work-charged service rendered by the petitioner w.e.f. 7.11.1968 to 16.1.1976 towards his pensionary benefits which shall accordingly be revised/released at the earliest.”

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As regards the benefit of higher standard pay scale on completion of 10/20 years of regular service is concerned there has been litigation and finally the issue has been decided by this Court as also by the Hon'ble Supreme Court and a decision has been taken on the Govt. level

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CWP. No. 20454 of 2010

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-3-

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vide Finance Department's order dated 15.3.2002. The relevant extract thereof reads as under:-

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“ iii) It may please be ensured that the work charged service shall be countable towards the benefits of additional increments under the scheme introduced vide Govt. instructions dated 7.8.1992 and for Higher Standard Scales under the Scheme introduced vide instructions dated 8.2.1994.”

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In view of the above, the petitioners are also entitled to the benefit of the higher standard pay scale by including his work charge service.

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This petition is, accordingly, allowed. Respondents are directed to grant the benefit of higher standard pay scale and also the pensionary/retiral benefits to the petitioners by counting their work charge service. Let the retiral/pensionary benefits of the petitioners be redetermined and balance, if, any paid within a period of three months.

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(PERMOD KOHLI) JUDGE

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17.11.2010. lucky

Ram Kumar and Ors. v. Uttar Hry Bijli Vitran Nigam and Ors.

Case brief

What is this about?

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Ram Kumar and Ors. v. Uttar Hry Bijli Vitran Nigam and Ors.

Case brief

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