As per case facts, the petitioner, initially appointed as a Work-Charge T-Mate, later transferred as an Assistant Lineman on an ad hoc basis, and eventually regularized, retired without his work-charge/ad ...
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CWP-5305-2022
Raghbir Singh …..Petitioner
Versus
Punjab State Power Corporation Limited and others ....Respondents
1. The date when the judgment is reserved 14.07.2026
2. The date when the judgment is pronounced 24.07.2026
3. The date when the judgment is uploaded on 24.07.2026
4. Whether only operative part of the judgment is
pronounced or full judgment is pronounced
Full
5. The delay, if any, of the pronouncement of full
judgment, and reasons thereof.
Not applicable
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Argued by : Mr. V.K. Shukla, Advocate for the petitioner.
Mr. Kunal Garg, Advocate for the respondents.
****
NAMIT KUMAR, J. (ORAL)
1. The petitioner has approached this Court by way of filing
the present writ petition under Article 226 of the Constitution of India,
seeking a writ of certiorari for quashing the impugned order dated
11.02.2022 (Annexure P-3), declining the claim of the petitioner for
counting his work-charge/adhoc service w.e.f. 01.02.1975 to 09.12.1981
followed by regular service towards pensionary benefits and for
quashing the Memo dated 23.01.2001 (Annexure P-4). Further, seeking
issuance of a writ of mandamus directing the respondents to count the
work-charge/adhoc service rendered by the petitioner w.e.f. 01.02.1975
to 09.12.1981 followed by regular service towards pensionary benefits
and to grant him consequential arrears along with interest @ 12% per
annum.
CWP-5305-2022 2
2. The brief facts of the case, as have been pleaded in the
petition, are that the petitioner was initially appointed as a Work-Charge
T-Mate in PSPCL on 01.02.1975 and remained as such till 13.03.1978,
while working in the office of respondent No.3. Subsequently, vide
order dated 14.02.1978 (Annexure P-1), he was transferred to the office
of respondent No.2 as Assistant Lineman on ad hoc basis and posted in
Sub-Divisional Office at Charick, District Moga. Thereafter, his services
were regularized as Assistant Lineman, vide order dated 02.12.1981
(Annexure P-2) and accordingly, he joined as regular Assistant Lineman
on 10.12.1981. He was further promoted as Lineman in the year 2003
and retired as such, on attaining the age of superannuation, on
31.12.2007. After the retirement of the petitioner, his pensionary
benefits were released but the same were computed taking into account
only his regular service w.e.f. 10.12.1981 and his work-charge/ad hoc
service from 01.02.1975 to 09.12.1981 rendered prior to his
regularization was not counted towards his pensionary benefits. The
petitioner has served a legal notice dated 15.10.2021 upon the
respondents for counting work-charge/ad hoc service rendered by him
before his regularization towards pensionary benefits but no action was
taken on the same. Facing with such a situation, the petitioner had
approached this Court by filing CWP No.26271 of 2021 (Raghbir Singh
Vs. Punjab State Power Corporation Limited and others), seeking
directions to the respondents to count his work-charge/ad hoc service
w.e.f. 01.02.1975 to 09.12.1981 followed by regular service towards
pensionary benefits. The said writ petition was disposed of by this
Court, vide order dated 22.12.2021, with a direction to the official
CWP-5305-2022 3
respondents to consider the legal notice dated 15.10.2021 as
representation of the petitioner and decide the same in accordance with
law by passing a speaking order within a period of one month. It was
further observed by the Court that if the petitioner found entitled and if
there is no impediment for the release of payment, the same be granted
to the petitioner without any delay, as per law. In pursuance to the said
order, respondent No.2 has passed the impugned order dated 11.02.2022
(Annexure P-3), rejecting the petitioner's claim on the ground that he
did not fulfill condition No.1 of Memo dated 23.01.2001 (Annexure P-
4)
as at the time of his appointment, the petitioner was non-matric,
which was below the prescribed minimum educational qualification of
matriculation and he also did not possess the requisite minimum
experience of five years as a work-charge employee for the post to
which he was appointed. Hence, the instant petition.
3. A written statement by way of an affidavit of Sh. Balveer
Singh Harei, Additional Superintending Engineer, City Division, Moga,
on behalf of the respondents, has been filed, wherein the respondents
have reiterated the same stand as was taken while rejecting the
petitioner's claim in the impugned order dated 11.02.2022.
4. Learned counsel for the petitioner submits that the work-
charge/ad hoc service rendered by the petitioner from 01.02.1975 to
09.12.1981 is liable to be counted for pensionary benefits in terms of
Rule 3.17-A of the Punjab Civil Services Rules, Vol. II, Part II. In
support of his contention, he has placed reliance upon a Full Bench
judgment of this Court in Kesar Chand Vs. State of Punjab Through
The Secretary, P.W.D.B. & R. Chandigarh and others :1988(5) SLR
CWP-5305-2022 4
27 and Dharvinder Paul Sehgal and others Vs. State of Punjab and
others : 2025 NCPHHC 163455.
5. Per contra, learned counsel for the respondents, while
referring to the averments made in the written statement, filed on behalf
of the respondents, submits that since the petitioner was not having the
qualification of matriculation at the time of his initial appointment,
therefore, the work charge/ad hoc service rendered by the petitioner is
not liable to be counted for the purpose of pensionary benefits and his
claim for grant of aforementioned benefit had rightly been rejected. He
further submits that in terms of condition No.1 of Memo dated
23.01.2001 (Annexure P-4), work-charge/ad hoc service rendered by the
petitioner is not countable towards pensionary benefits. He further
submits that the petitioner had retired from service on 31.12.2007,
however, for claiming the benefit of counting the work-charge/ad hoc
service rendered by him from 01.02.1975 to 09.12.1981 towards
pensionary benefits, the petitioner approached the respondents for the
first time by serving a legal notice dated 15.10.2021, i.e., after a delay
of more than 13 years from the date of his retirement. Therefore, the
instant petition deserves to be dismissed on the ground of delay and
laches.
6. I have heard learned counsel for the parties and perused the
record.
7. Admittedly, the petitioner was initially appointed as a
Work-Charge T-Mate in PSPCL on 01.02.1975 and till 13.03.1978, he
was working in the office of respondent No.3. Subsequently, vide order
dated 14.02.1978 (Annexure P-1), he was transferred to the office of
CWP-5305-2022 5
respondent No.2 as Assistant Lineman on ad hoc basis and posted in
Sub-Divisional Office at Charick, District Moga. Thereafter, his services
were regularized as Assistant Lineman, vide order dated 02.12.1981
(Annexure P-2). He was further promoted to the post of Lineman in the
year 2003 and retired as such, on attaining the age of superannuation, on
31.12.2007.
8. The only question which arises for consideration in the
present petition is as to whether the past service rendered by the
petitioner on work charge/ad hoc basis is countable towards pensionary
benefits or not?
9. A Full Bench of this Court in Kesar Chand’s case (supra)
has held that the work-charged service rendered by an employee
followed by regularization is countable towards pensionary benefits.
Para 19 of the said judgment reads thus :-
“19. In the light of the above, let us examine the validity
of rule 3.17 (ii) of the Punjab Civil Services Rules Vol. II.
This rule says that the period of service in a work-charged
establishment shall not be taken into account in calculating
the qualifying service. After the services of a work-charged
employee have been regularised he becomes a public
servant. The service is under the Government and is paid
by it. This is what was precisely stated in the Industrial
Award dated June 1, 1972, between the Workmen and the
Chief Engineer, P.W.D. (B.& R.), Establishment Branch,
Punjab, Patiala, which was published in the Government
Gazette dated July 14, 1972. Even otherwise, the matter
was settled by the Punjab Government Memo No. 14095-
BRI (3)-72/5383 dated 6
th
February, 1973 (Annexure P7)
where it was stated that all those work-charged employees
who had put in ten years of service or more as on 15
th
August, 1972, their service would be deemed to have been
regularised. Once the service of a work charged employee
have been regularised, there appears to be hardly any logic
to deprive him of the Pensionary benefits as are available
CWP-5305-2022 6
to other public servants under rule 3.17 of the Rules. Equal
protection of laws must mean the protection of equal laws
for all persons similarly situated. Article 14 strike at
arbitrariness because a provision which is arbitrary
involves the negation of equality. Even the temporary or
officiating service under the State Government had to be
reckoned for determining the qualifying service. It looks to
be illogical that the period of service spent by an employee
in a work charged establishment before his regularisation
has not been taken into consideration for determining his
qualifying service. The classification which is sought to be
made among Government servants who are eligible for
lesion and those who started as work-charged employees
and their services regularised subsequently, and the others
is not based on any intelligible criteria and, therefore, is
not sustainable at law. After the services of a work –
charged employee have been regularised, he is a public
servant like any other servant. To deprive him of the
pension is not only unjust and inequitable but is hit by the
vice of arbitrariness, and for these reasons the provisions
of sub rule (ii) of rule 3.17 of the Rules have to be struck
down being violative of Article 14 of the Constitution.”
10. The similar issue has been considered by this Court in
Dharvinder Paul Sehgal and others Vs. State of Punjab and others :
2025 NCPHHC 163455, wherein after considering the provisions of
Rule 3.17-A and various other judgments on the similar issue, it has
been held as under:-
“11. Rule 3.17-A of the Punjab Civil Services Rules
(Volume II) deals with the counting of service rendered in
an establishment and provides that service rendered in an
establishment would be counted as qualifying service, if the
employee has submitted resignation for taking up another
appointment and said resignation has been accepted.
12. Rule 3.17-A of the Punjab Civil Services Rules reads
as under: -
“Rule 3.17-A. (1) Subject to the provisions of
rule 4.23 and other rules and except in the cases
mentioned below, all service rendered on
establishment, interrupted or continuous, shall count
CWP-5305-2022 7
as Qualifying service:–
(i) Omitted.
(ii) Omitted.
(iii) Casual or daily rated service.
(iv) Suspension adjudged as a specific
penalty.
Note.– In cases where an officer dies or is permitted
to retire while under suspension will not be treated
as an interruption.
(v) Service preceding resignation except
where such resignation is allowed to be
withdrawn in public interest by the
appointing authority as provided in the
relevant rules or where such resignation
has been submitted to take up, with
proper permission, another appointment
whether temporary or permanent under
the Government where service qualifies
for pension.
(vi) Joining time for which no allowances
are admissible under rules 9.1 and 9.15
of C.S.R., Volume I, Part I.
(vii) If any unauthorised leave of absence
occurs in continuation of authorized
leave of absence and if the post of the
absentee has been substantively filled
up, the past service of the absentee is
forfeited.
(viii) Transfer to a non-qualifying service in
an establishment not under Government
control or if such transfer is not made
by the competent authority and transfer
to service in a grant-in-aid school.
(A Government employee, who
voluntarily resigns qualifying service,
cannot claim the benefit under this
clause.)
(ix) Removal from public service for
misconduct, insolvency, inefficiency not
due to age, or failure to pass an
examination will entail forfeiture of the
past service.
CWP-5305-2022 8
(x) Service rendered beyond the date of
retirement on superannuation in terms
of rule 3.26 of Punjab Civil Services
Rules, Volume I, Part I.
(2) An interruption in the service of a Government
employee caused by wilful absence from duty or
unathorised absence without leave, shall entail
forfeiture of the past service.
(3) Wilful abstinence from performing duties by a
Government employee by resort to pen down strike
shall be deemed to be wilful absence from duty and
shall also entail forfeiture of the past service.
Note.– In the case of a Central Government
employee who is permanently transferred to the
Punjab Government and becomes subject to these
rules, the pensionary benefits admissible for service
under Central Government would be that admissible
under the Government of India rules and the liability
for such benefits shall be allocated in accordance
with the prevalent orders.
Clarification (1).–Even after the introduction of rule
3.17(A) and deletion of rule 4.21 the following cases
do not entail forfeiture of past service:–
(a) authorised leave of absence;
(b) abolition of post or loss of appointment
owing to reduction in establishment.
(“Post” or “appointment” means a post or
appointment service in which qualifies for
pension).
(2) While counting such qualifying service for
working out aggregate service, the period of break in
service shall be omitted.”
[Emphasis Supplied]
Sub-Rule (2) of Rule 7.5 of PCS Rules provides that
resignation submitted for taking up another appointment
with Government, shall not entail forfeiture of past service,
if there is permission by Competent Authority. Sub-Rule (2)
of Rule 7.5 of PCS Rules is reproduced as below: -
“A resignation shall not entail forfeiture of past
service if it has been submitted to take up, with
proper permission, another appointment, whether
temporary or permanent, under the Government
where service qualifies for pension.”
CWP-5305-2022 9
13. The said provisions have been interpreted by this
Court in Jasdeep Singh Aulakh’s case (supra). In the said
case, petitioner had rendered service as Assistant Engineer
from 1996 to 2004 in Punjab State Electricity Board
(hereinafter referred to as ‘PSEB’) and thereafter he
participated in the direct recruitment process of PCS
(Executive Branch) and was selected in 2004 and joined
PCS (Executive Branch) after submitting resignation to his
parent department i.e. PSEB, which was accepted and his
pay was protected. The relevant paras from the said
judgment read as under: -
“10. From the perusal of above quoted Rules 3.17-A and 7.5 (2) of PCS Rules, it is quite evident that
service rendered with an establishment is counted for
qualifying service if an employee resigns with the
permission of Competent Authority and for the
purpose of taking up employment with Government.
The respondent has failed to controvert applicability
of aforesaid Rule to petitioner except pleading that
instructions do not provide for counting previous
service.
11. It is settled proposition of law that instructions
can supplement statutory provisions but cannot
supplant the statutory provisions. The instructions
cannot be contrary to mandate of Rules. The said
instructions are not under challenge, however, being
contrary to statutory provisions as well as intent of
beneficial scheme cannot detain this Court.
12. The Supreme Court in Shree Bhagwati Steel
Rolling Mills v. Commissioner of Central Excise
and another, (2016) 3 SCC 643, has observed that
Rules or Regulations which are ultra vires though
not challenged may be ignored. The relevant extracts
of the judgment read as:
“28. Shri Aggarwal in order to buttress his
submission that he ought to be allowed to
raise a pure question of law going to the very
jurisdiction to levy interest, cited before us the
judgment in Bharathidasan University v. All-
India Council for Technical Education
[Bharathidasan University v. All-India
Council for Technical Education, (2001) 8
SCC 676 : 1 SCC 924] and in particular para
CWP-5305-2022 10
14 thereof which reads as follow: (SCC pp.
688- 89)
“14. The fact that the Regulations may
have the force of law or when made
have to be laid down before the
legislature concerned does not confer
any more sanctity or immunity as
though they are statutory provisions
themselves. Consequently, when the
power to make Regulations is confined
to certain limits and made to flow in a
well-defined canal within stipulated
banks, those actually made or shown
and found to be not made within its
confines but outside them, the courts are
bound to ignore them when the question
of their enforcement arises and the mere
fact that there was no specific relief
sought for to strike down or declare
them ultra vires, particularly when the
party in sufferance is a respondent to
the lis or proceedings cannot confer any
further sanctity or authority and validity
which it is shown and found to
obviously and patently lack. It would,
therefore, be a myth to state that the
Regulations made under Section 23 of
the Act have ‘constitutional’ and legal
status, even unmindful of the fact that
any one or more of them are found to be
not consistent with specific provisions of
the Act itself. Thus, the Regulations in
question, which AICTE could not have
made so as to bind universities/UGC
within the confines of the powers
conferred upon it, cannot be enforced
against or bind a university in the
matter of any necessity to seek prior
approval to commence a new
department or course and programme in
technical education in any university or
any of its departments and constituent
institutions.”
29. It would be seen that Shri Aggarwal is
CWP-5305-2022 11
on firm ground because this Court has
specifically stated that rules or regulations
which are in the nature of subordinate
legislation which are ultra vires are bound to
be ignored by the courts when the question of
their enforcement arises and the mere fact that
there is no specific relief sought for to strike
down or declare them ultra vires would not
stand in the court's way of not enforcing them.
We also feel that since this is a question of the
very jurisdiction to levy interest and is
otherwise covered by a Constitution Bench
decision of this Court, it would be a travesty of
justice if we would not allow Shri Aggarwal to
make this submission.”
13. A three Judge Bench of Supreme Court in
State of Haryana Vs. Shamsher Jang Bahadur,
1972(2) SCC 188, while relying upon Constitution
Bench judgment in Sant Ram Sharma Vs. State of
Rajasthan and another, AIR 1967 SC 1910 has held
that Government is not Competent to alter the Rules
framed under Article 309 by means of administrative
instructions. The relevant extracts of the judgment
reads as:
“7. It may be noted that herein we are dealing
only with those who were promoted from the
cadre of clerks in the Secretariat. The first
question arising for decision is whether the
Government was competent to add by means
of administrative instructions to the
qualifications prescribed under the Rules
framed under Article 309. The High Court and
the courts below have come to the conclusion
that the Government was incompetent to do so.
This Court has ruled in Sant Ram Shama v.
State of Rajasthan [(1968) 1 SCR 111] that
while the Government cannot amend or
supersede the statutory rules by administrative
instructions, if the rules are silent on any
particular point, the Government can fill up
the gaps and supplement the rules and issue
instructions not inconsistent with the rules
already framed. Hence we have to see whether
the instructions with which we are concerned,
CWP-5305-2022 12
so far as relate to the clerks in the Secretariat
amend or they alter the conditions of service
prescribed by the rules framed under Article
309. Undoubtedly the instructions issued by
the Government add to those qualifications.
By adding to the qualifications already
prescribed by the rules, the Government has
really altered the existing conditions of
service. The instructions issued by the
Government undoubtedly affects the
promotion of concerned officials and therefore
they relate to their conditions of service. The
Government is not competent to alter the rules
framed under Article 309 by means of
administrative instructions. We are unable to
agree with the contention of the State that by
issuing the instructions in question, the
Government had merely filled up a gap in the
rules. The rules can be implemented without
any difficulty. We see no gap in the rules.”
14. A rule cannot operate contrary to a statutory
provision whereunder said rule has been made.
Rules cannot be contrary to statutory provisions.
Similarly, neither instructions can be contrary to
statutory provisions nor rules. The instructions
cannot override or flow beyond the banks of river of
rules. The instructions, which are contrary to Rules,
need to be ignored.
15. In the case in hand, the case of petitioner is
squarely covered by afore-stated Rules, however, his
claim has been rejected on account of instructions
which are contrary to Rules framed under proviso to
Article 309 of the Constitution. In view of afore-
stated legal position, the instructions need to be
ignored. It is apt to notice here that respondent has
granted similar benefit to identically placed other
employees.
16. In the wake of above discussion and findings,
the present petition deserves to be allowed and
accordingly allowed. The impugned order dated
31.01.2023 (Annexure P-17) is hereby quashed.”
The said judgment has become final as the same has
not been challenged by the respondents and has been
CWP-5305-2022 13
implemented after filing of COCP-3243 of 2024 (Jasdeep
Singh Aulakh v. Anurag Verma, IAS and others).
14. To the same effect is the judgment of a Co-ordinate
Bench in Yash Pal Singh Rana (supra). In the said case,
the petitioner had joined the Punjab Land Development
and Reclamation Corporation Limited as Clerk on
01.11.1975 and thereafter he was promoted as Senior
Assistant. While he was working in the said Corporation,
due to weak financial status of the said Corporation, the
same was wound up and during the said period, the posts
of Superintendent in the District Consumer Disputes
Redressal Forum were advertised by the respondents
therein and petitioner therein applied through proper
channel and was selected vide appointment order dated
20.12.2000 and he joined on 05.01.2001 after he was
relieved from the services of the said Corporation. He
joined the State Consumer Disputes Redressal Commission
on 05.01.2001 and superannuated on 30.11.2011, however,
his earlier service rendered from 01.11.1975 till 04.01.2001
was not counted as qualifying service for computing the
pensionary benefits. The said claim was accepted by this
Court vide judgment dated 05.02.2019 while relying upon
various earlier orders passed by this Court in various other
writ petitions. The said judgment has been followed in
Sham Lal (supra) and the same reads as under: -
“1. In the present petition, the challenge is to the
orders dated 25.04.2017 (Annexure P-5) and
03.02.2020 (Annexure P-7) respectively by which the
respondents have declined to grant the benefit of
service rendered by the petitioner with the Punjab
Scheduled Castes Land Development and Finance
Corporation, after the petitioner retired from service
working on a pensionable post with the Government
of Punjab.
2. Learned counsel for the petitioner submits that
the relief which is being claimed by the petitioner
has already been granted by this Court to another
similarly situated employee, who had filed CWP No.
2722 of 2013 titled as Yash Pal Singh Rana Vs. The
State of Punjab and others, decided on 05.02.2019,
which judgment has already attained finality and
relief has already been given to Yash Pal Singh
Rana.
CWP-5305-2022 14
3. Learned counsel for the respondents has not
been able to dispute the fact that in Yash Pal Singh
Rana’s case (supra) also, the service rendered in the
Corporation wherein the petitioner of that case was
working, was directed to be taken into account for
computing the pensionary benefits. No differentiating
factor in the case of the petitioner and that of Yash
Pal Singh Rana’s case (supra) has been proved and
so as not to appeal the said decision in the case of
petitioner herein. Hence, the present petition is also
allowed in the same terms as Yash Pal Singh Rana’s
case (supra) except that the rate of interest will be
6% per annum and not 9% as claimed.”
xx xx xx xx
15. The judgment dated 28.08.2024 in Sham Lal’s case
(supra) has been upheld by a Division Bench of this Court
in LPA-3328 of 2024 – State of Punjab and another v.
Sham Lal and another decided on 20.12.2024. The
relevant portion from the said judgment reads as under: -
“4. Learned Single Bench noted that relief
claimed by respondent/writ-petitioner had been
granted to another similarly situated employee i.e.,
the petitioner in CWP No. 2722 of 2013, titled
‘Yashpal Singh Rana Vs. State of Punjab and
others’, decided on 05.02.2019'. It was concluded
that respondents were not able to distinguish the
cause of writ petitioner from that of Yash Pal Singh
Rana. Writ petition was accordingly allowed in the
same terms with the difference that interest at the
rate of 6% per annum instead of 9% was ordered.
5. Aggrieved therefrom, present appeal has been
filed.
6. Learned counsel for appellants submits that
Instructions dated 25.04.2017 are categoric,
therefore directions by learned Single Bench are
unjustified. Appointment of writ-petitioner on the
post of Section Officer had to be treated as fresh
appointment and he was not entitled to counting of
his service for the purpose of pension with the
respondent-Corporation as qualifying service for the
purpose of pension. It is thus prayed that present
appeal be allowed.
7. We have heard learned counsel for appellants
CWP-5305-2022 15
and have perused the file carefully with his able
assistance, however, we do not find any ground to
cause interference in this matter.
8. It is to be noted that the import and effect of
Instructions dated 25.04.2017 have already been
considered by this Court in LPA No. 2445 of 2024,
titled State of Punjab and others Vs. Om Parkash and
others with the appeal filed by State of Punjab being
dismissed. In the present case also, writ-petitioner had
been appointed through proper channel while in
service. His representation for counting his service
with the respondent-Corporation as qualifying service
for the purpose of pension was duly submitted.
9. It is to be noted, at this stage that in a number of
writ petitions involving similar controversy, respondent
has already granted relief to the employees therein and
counted the service rendered by them with the
Corporations which had not been wound up, for the
purpose of pension. This fact is not denied by learned
counsel for appellants.
10. Learned counsel for appellants is unable to
point out any illegality, infirmity or perversity in the
impugned order dated 28.08.2024, passed by learned
Single Bench, which calls for interference by this
Court.”
xx xx xx xx”
11. Once the services of the petitioner have been regularised on
the basis of the qualification acquired by him, the respondents cannot
turn around and reject the claim of the petitioner for counting of his
work-charge/ad hoc service rendered by him from 01.02.1975 to
09.12.1981. Once the Rule mandates for counting of all services
rendered by an employee, the action of the respondents in not counting
the work-charge/adhoc service rendered by the petitioner, is totally
illegal, arbitrary and in violation of the said Rules.
12. So far as the contention raised by learned counsel for the
respondents that in terms of condition No.1 of Memo dated 23.01.2001
CWP-5305-2022 16
(Annexure P-4), work-charge/ad hoc service rendered by the petitioner
is not countable for pensionary benefits, is liable to be rejected as Rule
3.17-A of the said Rules would override any instructions which have
been issued contrary to the said Rule and, therefore, the same is not
applicable.
13. In view of the above, the work-charge/ad hoc service
rendered by the petitioner from 01.02.1975 to 09.12.1981 is liable to be
counted towards pensionary benefits of the petitioner. However, there is
no doubt that the petitioner had retired from service on 31.12.2007 and
for claiming the abovesaid benefit, he approached the respondents for
the first time by serving a legal notice dated 15.10.2021, i.e., after a
delay of more than 13 years from the date of his retirement and,
therefore, he is entitled for the arrears for the intervening period
restricted to 38 months from the date of approaching this Court.
14. Consequently, the impugned order dated 11.02.2022
(Annexure P-3) is set aside and the respondent-Corporation is directed
to count the work charge/ad hoc service rendered by the petitioner from
01.02.1975 to 09.12.1981 for the grant of pensionary benefits. The
necessary calculations shall be made and the revised pension shall be
released to the petitioner within a period of four months along with
arrears for 38 months
15. Disposed of in the above terms.
24.07.2026 (NAMIT KUMAR )
kothiyal JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
The recent judgment in Raghbir Singh vs. Punjab State Power Corporation Limited and others profoundly impacts the interpretation of work-charge service pensionary benefits under the Punjab Civil Services Rules. This significant ruling, now thoroughly analyzed on CaseOn, addresses the long-standing issue of whether an employee's work-charge or ad-hoc service, followed by regularization, should be factored into their pensionable tenure.
The central legal question before the High Court was whether the work-charge/ad-hoc service rendered by the petitioner, Raghbir Singh, from February 1, 1975, to December 9, 1981, followed by regularization, should be counted towards his pensionary benefits under the relevant service rules.
The court considered several key legal provisions and established precedents:
Specifically, Rule 3.17-A governs the counting of service for pensionary benefits. Historically, Rule 3.17(ii) excluded work-charge service from qualifying service.
This landmark Full Bench judgment of the High Court established that work-charged service, once followed by regularization, must be counted towards pensionary benefits. The court found Rule 3.17(ii) to be arbitrary and violative of Article 14 of the Constitution, emphasizing that a regularized work-charge employee becomes a public servant entitled to equal pensionary benefits.
This ruling reiterated the principles of Rule 3.17-A and the supremacy of statutory provisions over administrative instructions. It held that instructions cannot override or contradict rules framed under Article 309 of the Constitution.
These cases further solidified the principle that previous service, even if under different establishments or initially rejected by administrative instructions, should be counted for pensionary benefits if it aligns with the spirit of the statutory rules. The court emphasized that instructions contrary to statutory provisions must be ignored.
Raghbir Singh initially joined as a Work-Charge T-Mate on February 1, 1975. He later became an Assistant Lineman on an ad-hoc basis from March 14, 1978, until his services were regularized on December 2, 1981. He was further promoted to Lineman in 2003 and retired on December 31, 2007, upon reaching the age of superannuation.
After retirement, Raghbir Singh's pensionary benefits were calculated only from his date of regularization (December 10, 1981), entirely excluding his prior work-charge/ad-hoc service from February 1, 1975, to December 9, 1981. He sought to have this earlier service counted, which led him to serve a legal notice and subsequently file a writ petition after his claim was rejected.
The respondents, Punjab State Power Corporation Limited, rejected the petitioner's claim based on Memo dated January 23, 2001 (Annexure P-4). Their primary grounds for rejection were:
The respondents also argued the case should be dismissed due to delay and laches, as the petitioner approached them with a legal notice on October 15, 2021, over 13 years after his retirement in 2007.
The High Court meticulously analyzed the arguments against the backdrop of established legal principles. It firmly stated that once an employee's services are regularized based on acquired qualifications, the respondents cannot subsequently reject the counting of their prior work-charge/ad-hoc service. The court reiterated that Rule 3.17-A of the Punjab Civil Services Rules mandates the counting of all services rendered, making the respondents' action of not counting the work-charge/ad-hoc service illegal and arbitrary.
Crucially, the court emphasized the principle laid down in Kesar Chand, which invalidated the exclusion of work-charge service from qualifying service. It also relied on Dharvinder Paul Sehgal and Jasdeep Singh Aulakh, which underscored that administrative instructions cannot supersede or contradict statutory rules. Therefore, the conditions stipulated in Memo dated January 23, 2001, which were contrary to Rule 3.17-A, were deemed inapplicable.
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While acknowledging the petitioner's delay in approaching the court (over 13 years post-retirement), the court applied a common practice in such pensionary matters. It decided to restrict the arrears for the intervening period to 38 months from the date the petitioner first approached the court, rather than denying the rightful benefit altogether. This approach ensures that while the right to pension is upheld, the delay in seeking redressal is also factored into the quantum of retrospective financial benefit.
The High Court set aside the impugned order dated February 11, 2022, issued by the respondent-Corporation. It directed the Punjab State Power Corporation Limited to count the work-charge/ad-hoc service rendered by Raghbir Singh from February 1, 1975, to December 9, 1981, for the grant of pensionary benefits. The court mandated that necessary calculations be made and the revised pension, along with arrears for 38 months, be released to the petitioner within four months.
This judgment reaffirms the principle that work-charge or ad-hoc service, once regularized, must be counted towards an employee's pensionary benefits. The court decisively ruled that administrative instructions cannot override statutory service rules like Rule 3.17-A of the Punjab Civil Services Rules. Despite a significant delay in the petitioner's claim, the court granted the benefit, restricting arrears to 38 months, showcasing a balanced approach to justice in pension matters.
This ruling is crucial for several reasons:
For legal students, it serves as an excellent case study on statutory interpretation, the hierarchy of laws, and the application of constitutional principles in service law.
Disclaimer: All information provided in this blog post is for informational purposes only and does not constitute legal advice. Readers should consult with a qualified legal professional for advice on specific legal issues.
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