High Court of Punjab and HaryanaCWP/20530/2019disposed of

Satbir Singh v. Uttar Haryana Bijli Vitran Nigam Limited And Others

2019-09-16Mr. Justice Harsimran Singh Sethi2 pages

CWP-20530-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-20530-2019 Date of decision: - 16.09.2019 Satbir Singh ....Petitioner

Versus

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

*** HARSIMRAN SINGH SETHI , J. (ORAL) Prayer of the petitioner is for issuance of the directions to the respondents to grant the benefit of daily wage service and recalculate his pensionary benefits and also grant him the consequential benefits. Further, prayer of the petitioner is that even 2nd ACP for which he was entitled for as per notification dated 04.03.2014 (Annexure P-3) has also not been granted to him without any valid justification. Counsel for the petitioner argues that the daily wage service, which the petitioner had rendered from 19.07.1982 till 13.05.1993, has not been taken into account as a qualifying service for the grant of his pensionary benefits, though, his case squarely covered under the rules governing the service and also as per the settled principle of law settled by the Full Bench of this Court in 'Kesar Chand Vs. State of Punjab and others', AIR 1988 Punjab 265.

NARESH KUMAR 2019.09.18 14:57 I attest to the accuracy and integrity of this document Chandigarh

CWP-20530-2019 -2Counsel for the petitioner further states that for the relief which has been sought in the present writ petition, petitioner has served the respondents with a legal notice dated 08.04.2019 (Annexure P-5), 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 08.04.2019 (Annexure P-5) by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order. In case after the decision, it is found that the petitioner is entitled for any monetary benefit, the same shall also be released to him within a period of three months thereafter.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) September 16, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.09.18 14:57 I attest to the accuracy and integrity of this document Chandigarh