PUNJAB STATE ELECTRICITY BOARD Vs. PREM SINGH SHAHI

JUDGEMENT

(1.) This order shall dispose of a Bunch* of appeals filed under Clause X of the Letters Patent as common question of law and facts have been raised. The short issue raised in all these appeals is whether the writ petitioner-respondent(s) were entitled to count their previous service rendered with the Government of India and/or other authorities, towards qualifying service for the purposes of pension and other retiral benefits after their superannuation from the appellant-Board.

(2.) The learned Single Judge by placing reliance on two Division Bench judgments of this Court rendered in the cases of The Punjab State Electricity Board v. The State of Punjab and others (LPA No. 115 of 2006, decided on 12.9.2008 and S.C. Kapuria v. Punjab State Electricity Board and others, 2007 4 SCT 755 as well as well as the judgment rendered in the case of Union of India v. State of Punjab and others, 2009 3 SCT 597, has held that the issue stands concluded and the appellant-Board is under obligation to count their previous service rendered in the Government of India or any other organisation. The learned Single Judge issued the following directions:-

(3.) The only submission made by the learned counsel for the appellant-Board is that they should not be compelled to make payment to the writ petitioner-respondent(s) first and then recover it from the Central Government or any other agency later. However, we do not find any substance in the aforesaid submission because the directions are based on the Government instructions dated 31.3.1982, which have been duly adopted by the appellant- Board on 25.11.1985. Moreover, an individual employee is not expected to wait for the financial benefits which are payable to such retiree. Therefore, it has been rightly directed by the learned Single Judge that the payment may be made to the writ petitioner-respondent( s) first and the same may be recovered from the Union of India or other agencies/State lateron. We find nothing extra ordinary in the aforesaid direction which may warrant interference of this Court. The appeals are without merit and are, thus, libel to be dismissed.