RAJA RAM MALIK AND ANOTHERS Vs. HARYANA VIDYUT PRASARAN NIGAM LTD
LAWS(P&H)-2008-3-294
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 25,2008

RAJA RAM MALIK AND ANOTHERS Appellant
VERSUS
HARYANA VIDYUT PRASARAN NIGAM LTD Respondents

JUDGEMENT

- (1.) Raja Ram Malik (petitioner No. 1) served Bhakra Beas Management Board-respondent No. 3 (for short 'B.B.M.B) on work-charge basis from February 24, 1966 to May 30, 1977 in the construction work of Bhakra Power Houses. He was retrenched from the work-charge service on May 30, 1977 and was paid the retrenchment compensation by the B.B.M.B. He was again appointed as an Electrician on ad hoc in the B.B.M.B with effect from May 31, 1977. Thereafter, he was appointed on regular basis with effect from December 27, 1977. He had been working in the B.B.M.B since then as per share of Haryana State Electricity Board, now Haryana Vidyut Prasaran Nigam Ltd. (for short H.V.P.N.L.).
(2.) Similarly, Rajinder Singh (petitioner No. 2) was appointed on June 01, 1965 as T.Mate on work-charge basis by the Punjab State Electricity Board (for short P.S.E.B) and he worked upto February 19, 1968. He was paid retrenchment compensation for the service rendered by him from June 01, 1965 to February 19, 1968. On February 20, 1968, he was again appointed on regular basis as an Electrician by the B.B.M.B, Nangal and in view of the provisions of the Punjab Reorganization Act, 1966 (for short 'the Act'), his services were allocated to H.V.P.N.L. Since then, he had been working with the B.B.M.B as per the share quota of H.V.P.N.L.
(3.) The claim of the petitioners, who have retired from service, is that they are entitled to the benefit of counting their service rendered on work-charge basis towards pensionary benefits. They seek quashing of the order dated July 26, 2006 (Annexure P-6) whereby this benefit has been declined to them. A direction is sought to the respondents to count the work-charge service rendered by the petitioners for grant of time bound promotional scale after 8/18 years service and to count the same for pensionary benefits and to release the pensionary benefits on the basis of last pay drawn by them in the B.B.M.B.;


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