JUDGEMENT
RAJIV NARAIN RAINA,J. -
(1.) The petitioner retired from the
respondent-Corporation on July 31, 2011. The petitioner had worked from
1983 to 1986 as a daily wager and thereafter as a work-charged employee till April 08, 1999 till when his services were regularised on April 09,
1999. For the first time, he filed a representation in 2014 claiming that his previous service should be clubbed with regular service for purposes
of qualifying service for pension. The representation has not been
decided so far which inaction does not redound to the credit of the
respondent Corporation.
(2.) This Court had issued directions to respondent PSPCL in a similar case i.e. CWP No.11250 of 2013 titled Joginder Singh v. Punjab State Power
Corporation Ltd. & Ors., decided on March 15, 2016. He has approached
this Court in the present petition claiming benefit of past service
towards pension. The cause of action is recurring since it relates to
pension. At best the monetary benefits can be confined to three years
prior to the date of representation dated May 12, 2014 or three years
prior to the date of filing of this petition i.e. on May 12, 2016 since
access to remedy was delayed by the petitioner coming too late to sue for
his rights.
(3.) Instead of wasting time on issuing notice of motion in this case and awaiting reply, it is deemed fit and proper that a direction is issued to
the respondents to pass a fresh order on the representation and in case,
relief claimed is found within the law then it be granted to the
petitioner and the monetary benefits as claimed above may be allowed and
paid to the petitioner within three months from the date of receipt of
certified copy of this order. In case, adverse order is contemplated the
petitioner would be heard on request made in this behalf.;
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