Punjab-Haryana High Court
Gurpal Singh vs State Of Haryana And Others on 1 September, 2009
Author: Ranjit Singh
Bench: Ranjit Singh
CIVIL WRIT PETITION NO.3758 OF 2008 :{ 1 }:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DATE OF DECISION: SEPTEMBER 01, 2009
Gurpal Singh
.....Petitioner
VERSUS
State of Haryana and others
....Respondents
CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH
1. Whether Reporters of local papers may be allowed to see the judgement?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
PRESENT: Mr. Nand Lal Sammi, Advocate,
for the petitioner.
Mr. Harish Rathee, Sr.DAG, Haryana,
for the State.
****
RANJIT SINGH, J.
The petitioner prays for counting service rendered by him on daily wages as Mali-cum-Chowkidar for the purpose of pension as his services were subsequently regularized. The petitioner, who was initially appointed on daily wages as Mali-cum-Chowkidar on 16.4.1987 filed Civil Writ Petition No. 11307 of 2003, seeking regularization of his services. On 4.1.2005, this Court directed the respondents to regularize the services of the petitioners w.e.f. 1.1.1998. Still, when the directions were not obeyed, the petitioner CIVIL WRIT PETITION NO.3758 OF 2008 :{ 2 }:
filed C.O.C.P No.1302 of 2005. It appears that during this time, the petitioner had also retired and accordingly state counsel gave an undertaking before this Court on 11.8.2006 that the retiral benefits, including the pension, shall be released to the petitioner within a period of two months. Still, this undertaking was not complied with, when the petitioner filed another C.O.C.P. No.133 of 2007. The respondents took stand that the petitioner was not entitled to pension as he did not have the qualifying service for the grant of pension as he had only regular service of a period of 4 years and 1 month. The Contempt Petition accordingly was disposed of as it was found that there was no willful and deliberate disobedience to dishonour the undertaking. Accordingly, the petitioner has now filed this writ petition, seeking direction that his previous service as daily wager prior to his regularization starting from 16.4.1987 is liable to be counted for the purpose of grant of pension.
In the reply filed, it is conceded that the status of regular employee was given to the petitioner w.e.f. 1.1.1998 after due verification of his date of birth. The petitioner was retired on attaining the age of 60 years on 1.4.2002. It is then stated that the retiral benefits, which are to be given to the petitioner, are under process and the same will be paid in a short period.
The question that would need consideration is whether the petitioner is entitled to pray for counting his service rendered on daily wages for the purpose of granting pension. This question is no more in res-integra and has been subject matter of adjudication in number of cases by this Court. By making reference to various provisions of the Punjab Civil Service Rules, Volume II, Part 1, as CIVIL WRIT PETITION NO.3758 OF 2008 :{ 3 }:
applicable to the State of Haryana, it has been held that service rendered on daily wages basis is required to be counted for the purposes of counting qualifying service for pension. Reference in this regard can be made to Hari Chand Vs. Bhakra Beas Management Board and others, 2005 (2) RSJ 373, wherein Division Bench of this Court has held that service rendered as daily wager will be counted for pensionary benefits. Similar view has been taken by another Bench in the case of Kashmir Chand Vs. Punjab State Electricity Board and others, 2005(4) SCT 298. Rather, Division Bench while deciding the case of Kashmir Chand (supra), has relied on number of other judgments in the cases of Joginder Singh Vs. State of Haryana, 1998 (1) SCT 795, Hazura Singh Vs. State of Punjab and another, 2003 (4) RSJ 336 and Nasib Singh Vs. State of Punjab and another, 1999 (4) SCT 233.
Following the principle of precedents, this writ petition is allowed. Direction, therefore, is issued to the respondents to count the service rendered by the petitioner on daily wages with his regular service by treating the same as qualifying service for grant of pension by excluding the period of breaks, if any. If the petitioner is held entitled to grant of pension on the ground that he has to his credit a minimum qualifying service for the grant of pension, the pension shall be released to the petitioner within a period of three months from the date of receipt of copy of this order.
September 01, 2009 ( RANJIT SINGH ) khurmi JUDGE