Allowed

Harjinder Singh v. State of Haryana & Ors.

Punjab & Haryana HC8 Jul 2013CWP/13923/2011

Case brief

AI extract

What is this about?

The petitioner sought to count a gap period of daily wage service towards pension. Relying on precedents holding that daily wage service counts towards pension, the Single Judge allowed the writ petition directing the respondent to grant necessary pensionary relief.

What did the court decide?

Petitioner was granted the benefit of counting his service from 20.06.1978 to 02.04.1983 for pension purposes.

Harjinder Singh Vs State of Haryana… — Pension and Retirement Benefits | Punjab & Haryana HC (2013)

¶1

C.W.P. No.13923 of 2011

¶2

-1-

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

C.W.P. No.13923 of 2011 Date of decision : 08.07.2013

Harjinder Singh

...... Petitioner

versus

The State of Haryana and others

¶9

...... Respondents

¶10

CORAM : HON'BLE MR.JUSTICE AJAY TEWARI

¶11

*******

¶12

Present : Mr. J.S. Maanipur, Advocate for the petitioner.

¶13

Mr. R.S. Kundu, Addl.A.G., Haryana.

¶14

¶15

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

¶16

To be referred to the Reporters or not?

¶17

Whether the judgment should be reported in the Digest?

¶18

AJAY TEWARI, J. (Oral)

¶19

By this petition the petitioner is seeking the counting of service from 20.06.1978 to 02.04.1983 towards pensionary benefits.

¶20

The petitioner joined the respondents' department as a daily wager Electrician on 20.06.1978. Thereafter, his services having been terminated on 07.11.1983 he moved to the Labour Court which upheld the order. The petitioner challenged that order by way of filing Civil Writ petition No.6371 of 1989 which was allowed and the petitioner was granted the benefit of continuity of service but without back wages. Services of the petitioner were regularized in the year 1986 and he was superannuated on attaining the age of superannuation with effect from 30.06.2009. He was

¶21

C.W.P. No.13923 of 2011 -2-

¶22

granted the pensionary benefits taking into consideration his service from 03.04.1983 and not from the initial appointment on 20.06.1978. In these circumstances, the petitioner has sought a direction that his services from 20.06.1978 to 02.04.1983 be counted for the purpose of pensionary benefits. Since his services from 20.06.1978 to 02.04.1983 were not continuous the same had not been counted for the purpose of pension.

¶23

A similar matter has been conclusively decided by the Division Bench of this Court in the case of Hari Chand versus Bhakra Beas Management Board and others, reported in 2005(2) RSJ 373. In that case also, there was gap in the daily wage service but this Court while relying upon Kesar Chand vs. State of Punjab, reported in 1998(2) PLR 223 , held that daily wage service has to be counted towards pension. No contrary judgment has been brought to my notice.

¶24

In the circumstances, the petition is allowed. The respondents are directed that necessary relief be granted to the petitioner within a period of three months from the date of receipt of a certified copy of this order. The petitioner has also made a prayer for the benefit of leave encashment which has not been pressed today.

¶25

Since the main case has been decided, the pending civil miscellaneous application, if any, also stands disposed of.

¶26

( AJAY TEWARI ) July 08, 2013 JUDGE ashish

Harjinder Singh v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

Harjinder Singh v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

General Manager Punjab Roadways Vs Amrik Singh

Ved Parkash Vs State of Punjab and Anr.

Ram Kumar and Ors. Vs Food Corporation of India and Ors.

Gurmail Kaur Vs Pritpal Kaur Sidhu

Balbir Singh & Ors. Vs State of Punjab & Ors.

Nathu Ram Singla Vs State of Punjab & Ors.