SADHU RAM Vs. SECRETARY TO GOVERNMENT, HARYANA, P WD IRRIGATION DEPARTMENT, CIVIL SECRETARIAT, CHANDIGARH

JUDGEMENT

(1.) The primary relief claimed in this writ petition is that the period of service of the petitioner as work-charged employee should be taken into consideration for computing pensionary benefits. The point of law whether such period is to be counted or not has been settled by a Full Bench of this Court in Kesar Chand vs. State of Punjab, 1988 5 SLR 27 in which it was held that the work-charged service of an employee is also to be counted for computing the pensionary benefits.

(2.) As far as the tacts are concerned, these are not in dispute inasmuch as no written statement has been filed by the respondents. The petitioner was appointed as work-charged Beldar in the year 1955 and was also regularised w.e.f March 26,1975. The petitioner retired on 31.12.1982. For computing pensionary benefits, period between 1955 to 1975, which was the work-charged period was not counted for the purpose of pensionary benefits, in view of the law laid down by the Full Bench of this Court in Kesar Chand's case no meaningful argument could be addressed by the learned counsel for the respondents.

(3.) Consequently, this writ petition is allowed and the respondents are directed to reckon the period of the work-charged service of the petitioner for purpose of computing pensionary benefits. This may be done within a period of six months from the date cf receipt of this order and after the same is done, the arrears be released to the petitioner within one month therefrom. There will be no order as to costs.