Petitioner sought to count part-time service towards pension. The court held that by definition, pension requires full-time service and thus rejected the part-time employee's claim.
Petitioner's writ petition dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.W.P No. 20366 of 2010 (O&M)
::1::
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.W.P No. 20366 of 2010 (O&M) Date of decision : July 03, 2013
Ram Chander
...... Petitioner
v.
State of Haryana and others,
...... Respondents
CORAM : HON'BLE MR.JUSTICE AJAY TEWARI
Present : Mr. Umesh Narang, Advocate for the petitioner.
Mr. Rajiv Malhotra, Addl. A.G Haryana
1. Whether Reporters of Local Newspapers may be allowed to see the judgment ?
2. To be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest ?
AJAY TEWARI, J (Oral)
This petition has been filed claiming that part time service should be counted towards pensionary benefits.
Counsel for the petitioner relies upon government instructions (Annexure P-5) to claim that employees paid from contingency funds are also entitled to count their service for pension.
In my opinion, part time service cannot be counted towards pension by its very definition. Pension is granted for having served the department in a full time capacity whether as an adhoc employee or regular employee. A part time employee would not be entitled to claim pension. Even the said government instructions clearly lay down that employees
C.W.P No. 20366 of 2010 (O&M) ::2::
working on part time basis would not be entitled for pension. Consequently, finding no merit in this writ petition, the same is dismissed with no order as
to costs.
( AJAY TEWARI ) July 03, 2013. JUDGE `kk'
2 issues framed by the court
Whether part-time service can be counted towards pensionary benefits.
Whether government instructions granting pension claims for employees paid from contingency funds apply to part-time employees.
Ram Chander
State of Haryana
AJAY TEWARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
