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HARSIMRAN SINGH SETHI
Ramu Ram – Appellant
Versus
Haryana Vidyut Prasaran Nigam Limited – Respondent
JUDGMENT
Harsimran Singh Sethi, J. (Oral) - CM-10890-CWP-2022:
1. Allowed as prayed for, subject to all just exceptions.
CM-10891-CWP-2022:
2. For the reasons mentioned in the application, the same is allowed and the seniority list, being Annexure P-15, is taken on record, subject to all just exceptions.
CWP-22545-2016:
3. In the present petition, prayer of the petitioner is that the daily wage service rendered by him, w.e.f. 01.07.1982 to 23.05.1993, with the respondent-Department be treated as qualifying service, while computing the pensionary benefits of the petitioner by the respondent-Department.
4. As per the averments made in the present petition, the petitioner was appointed on daily wage basis as Construction Mate on 01.07.1982 under SDO Construction, Sub Division, Gurgaon, and he continued working as such till 24.05.1993, on which date, services of the petitioner were regularised by the respondent-Department. Thereafter, the petitioner was promoted to the post of Assistant Lineman and then to the post of Lineman by the respondent-Department, from which post, he retired upon attaining the age of superannuation on 31.03.2016.
5. Learned counsel for the petitioner argues that in the
Daily wage service should be considered as qualifying service for computing pensionary benefits, as established in 'Kesar Chand Vs. State of Punjab and others', AIR 1988 Punjab 265.
Inclusion of daily wage service as qualifying service for pensionary benefits under Rule 3.17 of Punjab Civil Services Rules, 1970 and the legal principle established in the Full Bench decision in CW....
Failure to notify instructions to employees before implementation cannot be used to deny benefits, and ad-hoc service should be counted as qualifying service for computing pensionary benefits as per ....
The main legal point established in the judgment is the interpretation of relevant case law, specifically the judgments in the cases of Sunder Singh, Balo Devi, and Roop Lal, to determine pension ent....
Daily wage service must be counted towards pension eligibility, allowing employees to qualify for benefits despite insufficient regular service years.
Point of Law : Determining the qualifying service for the purpose of pension any benefit as provided in Rule 49 of CCS (Pension) Rules, 1972, has not been taken away and an employee has not been prec....
Continuous service as a daily-wager qualifies for pension eligibility but not for determining pension quantum, reaffirming principles from precedents.
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