Punjab-Haryana High Court
The State Of Haryana And Others vs Smt.Dropati Devi on 7 December, 2012
Bench: A.K. Sikri, Rakesh Kumar Jain
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Letters Patent Appeal No.1806 of 2012 (O&M)
DATE OF DECISION: December 07, 2012
The State of Haryana and others
.....Appellants
versus
Smt.Dropati Devi
.....Respondent
CORAM:- HON'BLE MR.JUSTICE A.K. SIKRI, CHIEF JUSTICE
HON'BLE MR. JUSTICE RAKESH KUMAR JAIN, JUDGE
Present: Mr.B.S. Rana, Addl. Advocate General, Haryana
Mr.K.L.Dhingra, Advocate for the caveator/respondent
..
A.K. SIKRI, C.J.: (Oral)
Mr. Rana, learned Additional Advocate General, Haryana, could not dispute that service of the respondent herein rendered with Panchayat Samiti, Shahbad, with effect from 4.5.1983, when the respondent was regularised in that post, is to be counted for the purpose of pension and that aspect stands settled by the Division Bench of this Court in Om Pati vs. State of Haryana, 2007(1) RSJ 582. However, his submission is that the respondent had joined as Craft Teacher in Panchayat Samiti, Shahbad, with effect from 30.3.1979 on ad hoc basis and she was regularised with effect from 4.5.1983. According to him, the period of service, rendered on ad hoc basis, i.e., from 30.3.1979 to 4.5.1983, cannot be counted for the purpose of pension.
LPA-1806-2012 -2-
We do not find any merit in the submission made by the learned State counsel. Once the respondent was appointed on ad hoc basis and was regularised on the post without any interruption in service, insofar as payment of pension is concerned, this period has also to be counted. The issue is already settled by various judgments of this Court. We also find that there is delay of 180 days in filing the appeal for which there is no satisfactory explanation.
Dismissed.
( A.K. SIKRI )
CHIEF JUSTICE
December 07, 2012 (RAKESH KUMAR JAIN)
pc JUDGE
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