Partly allowed

Khairati Lal v. Uhbvn and Ors.

Punjab & Haryana HC27 Aug 2013CWP/19246/2012

Case brief

AI extract

What is this about?

The High Court held the petition infructuous as revised pensionary benefits were released. Pending only service counting, the court directed respondents to count the petitioner's daily wage service for pension qualification within six months citing Kesar Chand and Hazura Singh.

What did the court decide?

Petition declared infructuous; direction issued to count petitioner's daily wage service for pension qualifying service within six months.

Khairati Lal Vs Uhbvn and Ors. — Pension and Retirement Benefits | Punjab & Haryana HC (2013)

¶1

Raj Kumar Arora 2013.09.02 14:46 I attest to the accuracy and integrity of this document

¶2

CWP-19246 of 2012 (O&M)

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

CWP-19246 of 2012 (O&M). Date of decision: August 27, 2013.

Khairati Lal

..... Petitioner

Versus

Uttar Haryana Bijli Vitran Nigam Limited and others

¶9

..... Respondents

¶10

CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI

¶11

Present: Mr.Jai Bhagwan Sharma, Advocate for the petitioner.

¶12

Mr.Sudesh Sahi, Advocate, for the respondents.

¶13

¶14

M.M.S. BEDI, J. (Oral)

¶15

Through the instant petition, the petitioner seeks a writ in the nature of mandamus directing the respondents to count daily wage service of petitioner w.e.f. 1.9.1980 to 1.5.1993 towards qualifying service for the purpose of pensionary benefits in terms of Rule 3.17-A (1) of the Punjab Civil Services Rules Volume-II as applicable to the UHBVNL as per instructions dated 17.3.2010, issued by the Government of Haryana having been adopted vide letter Annexure P4 dated 17.6.2010.

¶16

The claim of the respondents in the written statement is that as per circular dated 17.3.2010, adopted by the respondents vide memo dated 17.6.2010, daily wage services in

¶17

¶18

Raj Kumar Arora 2013.09.02 14:46 I attest to the accuracy and integrity of this document

¶19

CWP-19246 of 2012 (O&M)

¶20

respect of employees retiring from service with confirmation in any post on or after 5.2.1969, will be entitled invalid/retiring/superannuation pension and death-cum-retirementgratuity on the same basis as admissible to permanent employees.

¶21

As per the written statement, the petitioner does not fulfill the requisite conditions as per instructions dated 17.3.2010 and the entire retiral benefits as per entitlement of the petitioner has already been released to him. A letter dated 21.2.2013, has been placed on record issued to the effect that pensionary benefits to the petitioner have been revised.

¶22

In view of above circumstances, the petition is disposed of as having rendered infructuous. In case the daily wage service of the petitioner for the purpose of pensionary benefits has not been counted, a direction is issued that the said service will be counted towards the qualifying service of the petitioner for the purpose of pensionary benefits in view of the ratio of judgments in case Kesar Chand Vs. State of Punjab and others, 1989 (II) RSJ 629 and Hazura Singh Vs. State of Punjab and another, 2003 (4) RSJ 336 , within a period of six months after the receipt of a certified copy of the order.

¶23

August 27, 2013 rka

¶24

(M.M.S. BEDI) JUDGE

¶25

Khairati Lal v. Uhbvn and Ors.

Case brief

What is this about?

What did the court decide?

Khairati Lal v. Uhbvn and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Deep Chand and Anr. Vs B.S. Grewal and Ors.

M/S United Wire Products Vs K.B.S. Sidhu and Ors.

Narinder Singh Vs Iqbal Singh & Ors.

Santo Devi and Ors. Vs Hardeep Kumar IAS and Ors.

Mehar Singh Saini Vs State of Haryana and Ors.

Mange Ram Batra Vs Haryana Vidyut Parsaran Nigam and Ors.