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CWP-38127-2025 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

125

CWP-38127-2025 (O&M)

Date of decision: 19.12.2025

Suresh Kumar

....Petitioner

Versus

Uttar Haryana Bijli Vitran Nigam and others

....Respondents

CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present: Mr. V.D. Sharma, Advocate

and Mr. Vishesh Sharma, Advocate

for the petitioner.

Mr. Prince Singh, Advocate

for the respondents.

HARPREET SINGH BRAR J. (Oral)

1. Prayer in this writ petition filed under Articles 226/227 of

the Constitution of India, is for issuance of a writ in the nature of

mandamus, directing the respondents to count the daily wages service of

the petitioner from 01.04.1993 to 08.01.2004 towards qualifying service

of the petitioner for the purpose of pensionary benefits in terms of Rule

3.17-A of the Punjab Civil Services Rules, Volume II as applicable to

UHBVNL and grant him all the consequential benefits i.e. revised

pensionary benefits, gratuity and other retiral benefits along with

interest @ 12% per annum on the arrears from the date of retirement.

2. Learned counsel for the petitioner, inter alia, contends that

the petitioner worked as a daily wage Helper from 01.04.1993 to

08.01.2004 as discernible from Annexure P-1 and thereafter, he was

MOHD YAKUB

2025.12.22 10:26

I attest to the accuracy and authenticity of

this document

Punjab & Haryana High Court,

Chandigarh.

CWP-38127-2025 2

appointed as a regular Work Mate on 09.01.2004 and retired on

14.11.2024. However, the service rendered by the petitioner on daily

wages has not been taken into account while computing his qualifying

service for the purpose of pensionary benefits, which is in clear

violation of Rule 3.17-A(a) of the Punjab Civil Services Rules, Volume

II. The said action is also contrary to the Instructions issued by the

Department of Finance, Government of Haryana, dated 17.03.2010

(Annexure P-3), providing for counting of daily wage service towards

pensionary benefits, which were duly adopted by the respondent/Nigam

on 17.06.2010, as discernible from Annexure P-4. Learned counsel for

the petitioner further submits that despite the petitioner having

submitted a representation dated 12.10.2025 (Annexure P-5) to the

respondent/Nigam, the same remained unheeded. Further the issue

involved in the present petition is squarely covered by the judgment

rendered by this Court in CWP-683-2011, titled as Nand Lal vs The

Haryana Vidut Prasaran Nigam Limited, Panchkula and another

decided on 24.03.2011 (Annexure P-6).

3. Learned counsel for the petitioner submits that he would be

satisfied if the representation dated 12.10.2025 (Annexure P-5) of the

petitioner is decided by respondent No.3 by passing a speaking order in

a time bound manner.

4. Learned counsel for the respondents, appearing on advance

notice, submits that he has no objection, in case a direction is issued to

the respondent No.3 for time-bound consideration and decision of the

MOHD YAKUB

2025.12.22 10:26

I attest to the accuracy and authenticity of

this document

Punjab & Haryana High Court,

Chandigarh.

CWP-38127-2025 3

representation dated 12.10.2025 (Annexure P-5) of the petitioner by

passing a speaking order.

5. Therefore, in view of the limited prayer made by learned

counsel for the petitioner, respondent No.3 is directed to consider the

representation dated 12.10.2025 (Annexure P-5) of the petitioner and

pass a speaking order, after affording an opportunity of hearing to the

petitioner, within a period of 02 months from the date of receiving a

certified copy of this order. Further, the decision taken thereof shall be

conveyed to the petitioner. Needless to say, if the petitioner is found

entitled to the relief sought, the same shall be granted forthwith to him

by respondent No.3, preferably within a further period of 03 months

thereafter.

6. Disposed of, accordingly.

(HARPREET SINGH BRAR)

JUDGE

19.12.2025

yakub

Whether speaking/reasoned: Yes/No

Whether reportable: Yes/No

MOHD YAKUB

2025.12.22 10:26

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this document

Punjab & Haryana