DIDAR SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) CM-4774-CWP-2015

(2.) The prayer in the present petition is for issuance of a writ in the nature of mandamus directing the respondents to count the service rendered by the petitioner in the Punjab Women and Children Development and Welfare Corporation towards pensionary benefits in view of judgment rendered in case CWP No. 10008 of 2006 titled as 'Ram Singh and Another v. State of Punjab and Others' decided on 23.02.2010 (Annexure P-5), which has further been upheld in LPA No. 1122 of 2010 decided on 04.10.2010 (Annexure P-6) along with all consequential benefits arising there from.

(3.) Briefly, the facts of the case are that initially the petitioner was appointed as Driver in Punjab Women and Children Development and Welfare Corporation, Chandigarh (hereinafter called as 'PUNWAC') on 01.02.1980. As per the decision of State Government, the 'PUNWAC' was wound up and staff working with the PUNWAC was absorbed in the Department of Social Security and Development of Women and Children, Chandigarh. As per the notification dated 11.11.2004, it was decided that all the assets and liabilities of the erstwhile 'PUNWAC' shall be vested with the Government in the Department of Social Security and Development of Women and Children, Punjab. The petitioner was also absorbed on 06.10.2000 without any break in his service. Ultimately, the petitioner retired from service on 30.04.2007 on attaining age of superannuation. On retirement, his pensionary benefits were not released on the ground that the service rendered by him was less than 10 years.