Joginder Singh v. State Of Punjab And Others

CWP-2056-2023

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-2056-2023 Date of decision: 28.01.2025 Joginder Singh

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY *****

Present:

Mr. Harbans Lal Sharma, Advocate for the petitioner.

Mr. Sehajbir Singh Aulakh, AAG, Punjab.

***** AMAN CHAUDHARY, J. (Oral) 1.

Prayer is to make payment of retirement dues on retirement of the petitioner on 30.11.2021 by taking into account the daily wage service rendered by him from 1994 to 16.09.2002, the date on which his services were regularized.

2.

Learned counsel for petitioner submits that his case is squarely covered by the judgment passed in Jai Bhagwan vs. State of Haryana and others, CWP-1048-2016, decided on 01.03.2019 by relying on the judgment of the Full Bench in Kesar Chand vs. State of Punjab and others, 1988(5) SLR 27. Further reference is made to para 4 of the written statement dated 04.09.2023, wherein the factum of he being continuously engaged since 1994 as Driver on daily wage basis has been admitted, as per the verified record available with the department. Further in para 6, it has been stated that the case of the petitioner for accounting the daily wage services for calculating pensionary benefits has been sent through proper channel to the Finance Department vide letter dated 14.08.2023 for approval and decision thereon is awaited.

HAMANT 2025.01.28 20:01 I attest to the accuracy and integrity of this document

CWP-2056-2023 3.

The aforesaid facts having been brought out, during the course of hearing, learned State counsel, on instructions, states that the respondents would not be averse to have a relook at the matter and decided afresh within a period of 3 months, which this Court has no reason to believe the authorities would not address in a just, fair and reasonable manner. 4.

The aforesaid satisfies the learned counsel for the petitioner. 5.

The matter stands disposed of accordingly and if the petitioner is found entitled, grant the benefit forthwith. Needless to say, if the orders are adverse to his interest, the same may be passed after granting opportunity of hearing to him and shall contain reasons, whereupon he shall be free to seek legal redress thereupon.

(AMAN CHAUDHARY) JUDGE 28.01.2025 Hemant Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No HAMANT 2025.01.28 20:01 I attest to the accuracy and integrity of this document