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NAMIT KUMAR
Sukhdev Singh – Appellant
Versus
Punjab State Power Corporation Limited – Respondent
JUDGMENT :
(Namit Kumar, J.) :
1. The petitioner has invoked the extraordinary jurisdiction of this Court by filing the present writ petition under Articles 226/227 of the Constitution of India, seeking a writ of mandamus for directing the respondents to count the work charge/daily wage services rendered by the petitioner, followed by regular service, be taken into account as qualifying service for computing the pensionary benefits.
2. The brief facts as have been pleaded in the writ petition are that the petitioner was appointed on 01.03.1979 on work charge basis and thereafter, his services were regularized on 12.08.1994 as Assistant Lineman and he retired as such on 30.04.2016, on attaining the age of superannuation. He served a legal notice dated 14.09.2023 for counting his work charge service upon the respondents but, however, no action has been taken by the respondents. Hence this petition.
3. Learned counsel for the petitioner submits that the work charge service of the petitioner is liable to be counted for the pensionary benefits. He has placed reliance upon the Full Bench judgment of this Court in “Kesar Chand vs State of Punjab and others”, 1989(1) RSJ 629. He further submit
The main legal point established in the judgment is the principle of delay and laches in seeking relief after retirement, emphasizing that such claims should be made within a reasonable time and that....
Delay in filing a writ petition can bar claims for relief, especially in service matters, as established by the principles of delay and laches.
Claims for additional increments post-retirement are barred by delay and laches, emphasizing the need for timely action by employees.
Claims for promotional increments must be raised within a reasonable time, particularly before retirement; delay can bar relief.
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