Allowed

Sudershan Kumar v. Chaudhary Charan Singh Hy. Agri. Uni. and Ors.

Punjab & Haryana HC2 Feb 2011CWP/12259/2010

Case brief

AI extract

What is this about?

A retired employee challenged the exclusion of over 31 years of service in the Department of Border Security Force from his pension. The court held that service rendered to the Union of India is countable when the Union has contributed the relevant share and allowed the petition.

What did the court decide?

The writ petition was allowed; service rendered with the Union of India would be counted towards total service for the grant of pension.

Sudershan Kumar Vs Chaudhary Charan… — Pension and Retirement Benefits | Punjab & Haryana HC (2011)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Writ Petition No.12259 of 2010 DATE OF DECISION: FEBRUARY 2, 2011

Sudershan Kumar

.....Petitioner

VERSUS

Chaudhary Charan Singh Haryana Agriculture University, Hisar & others

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....Respondents

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CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH

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Whether Reporters of local papers may be allowed to see the judgement?

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To be referred to the Reporters or not?

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Whether the judgment should be reported in the Digest?

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PRESENT: None for the petitioner.

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Mr. Vinod S. Bhardwaj, Advocate, for respondent Nos.1 & 2.

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Mr. Anil Kumar Gahlawat, Advocate, for respondent Nos.3 & 4.

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RANJIT SINGH, J.

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The petitioner has retired from the service of respondent No.1 by putting in more than 31 years of service. Prior to joining his service with respondent No.1, the petitioner had served as Storeman from 8.2.1972 to 27.12.1975 in the Department of Border Security Force, Ministry of Home Affairs, Government of India. As per the statute of the University, the past service of the employee with the Central or the State Government is countable towards the service of pension. The petitioner had exercised his option for the pension scheme within the stipulated period. However, this service is not being counted for the purpose of

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-2-

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CIVIL WRIT PETITION NO.12259 of 2010

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pension.

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As per the counsel appearing for the respondents, they had already approached the respondent-Union of India to clarify whether the petitioner had received any benefit from the service which he rendered with the Border Security Force. In support, attention is invited to the reply filed by the Union of India to say that a sum of Rs.2,994/- was deposited with the University on 19.11.2008.

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Since the Union of India has already contributed the relevant share, the service rendered by the petitioner with the union of India is clearly countable for the purpose of his pensionary benefits by the University. The writ petition is, accordingly, allowed. The service rendered by the petitioner with respondent-Union of India would be counted towards total service for grant of pension to the petitioner.

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February 02, 2011 ( RANJIT SINGH ) monika JUDGE

Sudershan Kumar v. Chaudhary Charan Singh Hy. Agri. Uni. and Ors.

Case brief

What is this about?

What did the court decide?

Sudershan Kumar v. Chaudhary Charan Singh Hy. Agri. Uni. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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