Allowed

Kishori Lal and Anr. v. State of Haryana and Ors.

Punjab & Haryana HC19 Feb 2010CWP/8575/2009

Case brief

AI extract

What is this about?

CWP allowed dismissing the controversy as squarely covered by the Supreme Court's judgment in State of Haryana vs. Deepak Sood. Petitioners serving in Municipal Committee regularization adjusted in Cooperative Department are entitled to prior service for pension and ACP benefits.

What did the court decide?

Petitioners entitled to count Municipal Committee service for pension and ACP benefits; claim to be settled within three months.

Kishori Lal and Anr. Vs State of… — Pension and Retirement Benefits | Punjab & Haryana HC (2010)

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CWP No.8575 of 2009 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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DATE OF DECISION: 19.2.2010

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Kishori Lal and another ...Petitioners

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VERSUS

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State of Haryana & Others …Respondents

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CORAM

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HON'BLE MR.JUSTICE PERMOD KOHLI

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PRESENT: Mr.TK Joshi, Advocate for petitioners

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Mr.RS Kundu, Addl.A.G., Haryana

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Permod Kohli, J. (Oral)

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Keeping in view the prayer made and with the consent of the counsel, this petition is disposed of at motion stage.

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The petitioners were serving as Octroi Moharar/Clerk in Municipal Committee, Rohtak and were regularized on 1.10.1988 and 1.4.1988, respectively. In the year 1999, Octroi was abolished by the State of Haryana and the surplus staff was adjusted in various Government departments. The petitioners were also adjusted in Cooperative Department. Petitioner no.1 was adjusted in Cooperative Societies Department, Bahadurgarh in District Jhajjar and petitioner no.2 was adjusted in Cooperative Societies Department, Beri, District Jhajjar. The

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CWP No.8575 of 2009 2

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grievance of the petitioners is that the period of service rendered by them in the Municipal Committee has not been taken into consideration for the purpose of grant of various retiral benefits, including the benefit of ACP. The controversy involved in this petition is squarely covered by the judgment of Hon'ble Supreme Court in the case of State of Haryana and Anr. vs. Deepak Sood & Ors (Civil Appeal No.4446 of 2008 decided on 15.7.2008 wherein following directions have been issued:-

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“Therefore, in the series of judgments given by this Court, the view has been taken that in case of a transfer/absorption from one department to another or from public sector to State though the benefit of the seniority may be denied to the incumbent but not for other benefits like pay fixation and for the pensionary benefits. Therefore, when the benefit of past service rendered in the parent department was given for fixation of pay and pensionary benefits, there is no reason why the past service should not be counted for grant of ACP Grade. Consequently, we are of the view that the view taken by the Division Bench of the High Court in the impugned judgment and order is correct and there is no ground to interfere in this appeal. Consequently, this appeal is dismissed but with no order as to costs....”

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This petition is accordingly allowed in terms of the aforesaid judgment. The petitioners shall be entitled to the benefit of the service

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CWP No.8575 of 2009 3

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rendered in the Municipal Committee, both for qualifying service for pension and the purpose of grant of ACP benefits. Let the claim of the petitioners be considered and settled in terms of the aforesaid judgment within a period of three months.

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(PERMOD KOHLI) JUDGE

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19.2.2010 MFK

Kishori Lal and Anr. v. State of Haryana and Ors.

Case brief

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Kishori Lal and Anr. v. State of Haryana and Ors.

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