High Court of Punjab and HaryanaCWP/19106/2019disposed of

Rohtash v. Uttar Haryana Bijli Vitran Nigam Ltd And ORS

2019-07-17Mr. Justice Harsimran Singh Sethi2 pages

CWP-19106-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-19106-2019 Date of decision: - 17.07.2019 Rohtash ....Petitioner

Versus

Uttar Haryana Bijli Vitran Nigam Limited and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Naveen Daryal, Advocate, for the petitioner.

**** HARSIMRAN SINGH SETHI , J. (ORAL) In the present writ petition, the prayer which is being made by the petitioner is that the daily wage/work charge service which he rendered from 01.12.1980 till 01.05.1993 has not been taken into consideration as a qualifying service for computing the pensionary benefits.

Counsel for the petitioner argues that keeping in view the law laid down by the Full Bench of this Court in Kesar Chand Vs. State of Punjab and others', AIR 1988 Punjab 265, the work charge/daily wage service rendered by an employee prior to his regularization of his service is to be taken into account as a qualifying service for the grant of pensionary benefits.

NARESH KUMAR 2019.07.18 16:49 I attest to the accuracy and integrity of this document Chandigarh

CWP-19106-2019 -2Counsel for the petitioner states that for the relief which has been sought in the present writ petition, the petitioner has served the respondents with a legal notice on 27.12.2018 (Annexure P-4), which is still pending consideration with the respondents and the petitioner will be satisfied, at this stage, in case a time bound direction is issued to the respondents to decide the said legal notice.

In view of the request made, without expressing any opinion on the merits of the case or the claim being made by the petitioner, the respondents are directed to decide the legal notice dated 27.12.2018 (Annexure P-4) by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order. Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) July 17, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.07.18 16:49 I attest to the accuracy and integrity of this document Chandigarh