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2010 Supreme(SC) 187

J.M.PANCHAL, K.S.RADHAKRISHNAN
Punjab State Electricity Board – Appellant
Versus
Narata Singh – Respondent


Advocates Appeared:
For the Appellants :Satinder Gulati, Kamaldeep Gulati and Dr. Kailash Chand, Advocates for the Appellant.
For the Respondents:P.S. Patwalia, Sr. Adv., Aman Preet Singh Rahi, K.G. Bhagat, Ajay, Tushar Bakshi, Saswat Acharya and Debasis Misra, Advocates, with him, for the Respondent.

Judgement Key Points

Key Points: - (!) - (!) - (!)

What is the validity of counting work-charged service for pension qualification under Punjab Civil Services Rules and related circulars?

What is the effect of Rule 3.17(ii) (work-charged periods not counting as qualifying service) after Full Bench decisions and their interpretation by the Supreme Court?

What are the circumstances under which work-charged service rendered under State Government may be counted for pension under the Punjab State Electricity Board regulations?


JUDGMENT

J.M. Panchal, J. —

1. This appeal by special leave is directed against judgment dated January 25, 2006 by the Division Bench of the High Court of Punjab and Haryana at Chandigarh in LPA No.694 of 1995 by which the appellants have been directed to count previous service rendered by respondent No.1, Narata Singh, in the Departments of Punjab State as work charged employee for the purpose of determining qualifying service for pension payable to him as an employee of the Punjab State Electricity Board (for short, the ‘Board’).

2. The admitted facts which emerge from the record of the case are as under: The respondent No.1 worked with Irrigation and Power Department of the State of Punjab on work charged basis from February 1, 1952 to September 18, 1953. From September 25, 1953, he worked as work charged employee with the Bhakra Dam Project and resigned therefrom on January 27, 1962. He thereafter joined the Beas Dam Project on February 1, 1962 and worked at the said project till April 15, 1978 as work charged employee. He was retrenched from the said project with effect from April 15, 1978 and was paid retrenchment compensation of Rs.11,803.20 and gratuity of Rs.8559/- by the

























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