Shiv Kumar v. Punjab State Power Corporation Ltd And ORS

In the High Court of Punjab and Haryana, at Chandigarh Civil Writ Petition No. 26966 of 2018 Date of Decision: 22.10.2018 Shiv Kumar ... Petitioner(s)

Versus

Punjab State Power Corporation Limited and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Shekher Dhawan.

Present:

Mr. Salil Dev Singh Bali and Ms. Jaspreet Kaur Bhangoo, Advocates for the petitioner(s).

Shekher Dhawan, J.

Present writ petition for issuance of directions to the respondents to grant the revised pension and pensionary benefits to the petitioner by counting his work charge service w.e.f. 17.06.1980 to 20.07.1998, which becomes 18 years & more than a month approximately along with regular service w.e.f. 21.07.1998 to 31.05.2016, which becomes around 17 years ten months & ten days approximately and his total service comes to 35 years 11 months & ten days, but petitioner was granted pension only for 35 half years, whereas he is entitled for pension for 35 years 11 months & ten days (72 half years) as Rule 6.1 of Punjab Civil Services Rules Volume-II is applicable to petitioner, which provides that fraction of a year equals to three months and above shall be treated as a completed six monthly period along with interest @ 12% per annum. Learned counsel for the petitioner contends that though a legal DEEPAK KUMAR BHARDWAJ 2018.10.23 14:55 I attest to the accuracy and integrity of this document

Civil Writ Petition No. 26966 of 2018 notice dated 27.08.2018 (Annexure P7) was got issued to the respondents, but no decision has been taken by the concerned authorities till date. Learned counsel for the petitioner further submits that petitioner feels satisfied in case a direction is issued to respondent No.3 to decide the aforesaid legal notice in a time bound manner.

In view of above, present writ petition stands disposed of with a direction to respondent No.3-Executive Engineer, Distribution Division, Punjab State Power Corporation Limited, Dasuya, District Hoshiarpur to look into the grievances unfolded by the petitioner in his legal notice dated 27.08.2018 (Annexure P7) and take a conscious decision thereon by passing a speaking order in the light of the judgment passed by this Court in Joginder Singh v. Punjab State Power Corporation Limited and Others (CWP-22404-2017, decided on 29.09.2017) within a period of three months from the date of receipt of a certified copy of this order. However, in case, petitioner still feels aggrieved of the order passed by concerned authority, he shall be at liberty to approach this Court.

(Shekher Dhawan) Judge October 22, 2018 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2018.10.23 14:55 I attest to the accuracy and integrity of this document