PUNJAB STATE ELECTRICITY BOARD & ANR. versus NARATA SINGH & ANR.

PUNJAB STATE ELECTRICITY BOARD & ANR. versus NARATA SINGH & ANR.

Work-charged service rendered by an employee under the State Government prior to employment with the Punjab State Electricity Board is qualified for pension under applicable rules and adopted policy circulars. The Board's rejection of Narata Singh's claim was incorrect, and service must be counted for pension if policy was in force when entitlement arose.

Parties
Appellant: Punjab State Electricity Board; Respondent No.1: Narata Singh; Respondent: Narata Singh & Anr.
Jurisdiction
India
Judgment Date
23 February 2010
Procedural Posture
Civil Appeal / Final Judgment – Supreme Court Appellate Review
Outcome
Appeal dismissed
Legal Topics
Pension Qualification, Work Charged Service, Punjab Civil Services Rules, Retrenchment and Re Employment, Counting Previous Service for Pension
Service Law Administrative Law Pension Qualification Work Charged Service Punjab Civil Services Rules Retrenchment and Re Employment Counting Previous Service for Pension

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Parties

Punjab State Electricity Board

Appellant

Narata Singh

Respondent No.1

Narata Singh & Anr.

Respondent

Procedural Posture

Civil Appeal / Final Judgment – Supreme Court Appellate Review

Legal Issues

  1. 1 Whether work-charged service rendered by an employee under the State Government prior to employment with the Board qualifies for pension under Punjab Civil Services Rules
  2. 2 Whether the Board is correct in rejecting pension benefits for work-charged service rendered outside the Board

Ratio Decidendi

Work-charged service rendered by an employee under the State Government prior to employment with the Punjab State Electricity Board is qualified for pension under applicable rules and adopted policy circulars. The Board's rejection of Narata Singh's claim was incorrect, and service must be counted for pension if policy was in force when entitlement arose.

Court Disposition

Appeal dismissed

Orders

  • Appellants directed to implement High Court's directions and count respondent's work-charged service with the State Government for the purpose of pension.
  • Respondent to deposit Employee's Contributory Fund received from appellants with interest before pension is released.