Punjab-Haryana High Court
Subh Karan Sharma And Others vs State Of Haryana & Others on 27 May, 2010
Author: Permod Kohli
Bench: Permod Kohli
CWP No.18370 of 2009 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
DATE OF DECISION: 27.05.2010
Subh Karan Sharma and others ..Petitioners
VERSUS
State of Haryana & Others ...Respondents
CORAM
HON'BLE MR.JUSTICE PERMOD KOHLI
PRESENT: Mr.Ram Niwas Sharma, Advocate for the petitioners
Mr.RKS Brar, Addl.A.G., Haryana for respondents
Permod Kohli, J. (Oral)
Keeping in view the controversy involved and with the consent of the counsel, this petition is disposed of at motion stage.
The petitioners were regular employees of Haryana State Minor Irrigation & Tubewells Corporation Ltd. State of Haryana decided to absorb employees of Haryana State Boards and Corporations who passed SAS Part-I and Part-II examinations. The petitioners were absorbed in SAS Cadre of Finance Department, Haryana. The grievance of the petitioners is that the period of service rendered by them in the Haryana State Minor Irrigation & Tubewells Corporation Ltd. has not been taken into consideration for the purpose of grant of pensionary benefits. The controversy involved in this petition is squarely covered by the judgment of this Court passed in CWP No.19638 of 2008 alongwith connected matters decided on 14.1.2010 wherein following observations/directions have been CWP No.18370 of 2009 2 given:-
"I have heard the learned counsel for the parties at length.
The issue raised in the writ petitions is no more res integra. A similar issue came up for consideration before the Hon'ble Supreme Court in the case of employees of the Octroi Branch of the Municipal Committee is to be counted for the purposes of grant ACP. On consideration of the issue, the 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 has made the following observations:-
"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 CWP No.18370 of 2009 3 ground to interfere in this appeal. Consequently, this appeal is dismissed but with no order as to costs...."
The aforesaid observations are squarely applicable to the facts of the present writ petition.
In view of the above, all these petitions are allowed and the respondents are directed to consider the period of service rendered by the petitioners in the Haryana State Minor Irrigation and Tubewell Corporation for all intents and purposes, except the seniority. However, the grant of pensionary benefits shall be subject to the deposit of CPF contribution, gratuity etc. in accordance with the rules by the petitioners to the respondents or in the alternative the amount equal to CPF contribution and other payable amount shall be deducted by the respondents from the pensionary retiral benefits of the petitioners. The pensionary benefits of the petitioners be determined and paid within a period of four months in accordance with law from the date certified copy of this order is made available to the competent authority. No cost." This petition is disposed of in terms of the aforesaid judgment.
(PERMOD KOHLI) JUDGE 27.5.2010 MFK