High Court of Punjab and HaryanaCWP/37775/2018disposed of

Fateh Singh v. Uhbvn And ORS

2018-12-20Mr. Justice Harsimran Singh Sethi2 pages

CWP-37775-2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-37775-2018 Date of decision: - 20.12.2018 Fateh Singh ....Petitioner

Versus

UHBVNL and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Gurvinder Singh, Advocate for the petitioner.

**** HARSIMRAN SINGH SETHI , J. (ORAL) In the present case, the petitioner is seeking the counting of his work charge service rendered from 1981 to 1988 as a qualifying service for computing of his pensionary benefits. Counsel for the petitioner states that even though the petitioner started working on 15.03.1981 as a work charge employee as Chowkidar, his services were regularized on 29.07.1988 as ALM and thereafter, the petitioner retired from service on attaining the age of superannuation on 30.06.1999.

Counsel for the petitioner further states that the petitioner has only being paid the pensionary benefits for a period of eleven years and his work charge service has not been counted by the respondents by taking the same as a qualifying service for which the petitioner is entitled NARESH KUMAR 2018.12.24 17:52 I attest to the accuracy and integrity of this document Chandigarh

CWP-37775-2018 -2for in view of the law laid down by a Full bench of this Court in Kesar Chand Vs . State of Punjab and others, AIR 1988 Punjab 265. Counsel for the petitioner further states that for the relief which has been sought in the present writ petition, the petitioner has served respondents with a legal notice on 10.10.2018 (Annexure P-2), which is still pending consideration with the respondent 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 and the claim being made by the petitioner, the respondent is directed to decide the legal notice dated 10.10.2018 (Annexure P-2) by passing a speaking order within a period of two 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 next two months.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) December 20, 2018 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2018.12.24 17:52 I attest to the accuracy and integrity of this document Chandigarh