Punjab-Haryana High Court
Ram Singh & Anr vs State Of Punjab & Ors on 23 February, 2010
Author: Surya Kant
Bench: Surya Kant
IN THE HIGH COURT FOR THE STATES OF PUNJAB
AND HARYANA AT CHANDIGARH.
C.W.P. 10008 of 2006. [O&M]
Date of Decision: 23rd February, 2010.
Ram Singh & Anr. Petitioners through
Mr. R.K.Chopra, Advocate
Versus
State of Punjab & Ors. Respondents through
Mr. B.S.Chahal, DAG, Punjab.
CORAM:
HON'BLE MR. JUSTICE SURYA KANT.
1. Whether Reporters of local papers 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?
SURYA KANT, J. [ORAL) The petitioners seek quashing of the orders dated 17.11.2004 [Annexure P-7], 17.02.2005 [Annexure P-8], 7.3.2006 [Annexure P-11] and 8.3.2006 [Annexure P-12] whereby the benefit of service rendered by them in the Punjab Land Development and Reclamation Corporation, has been declined.
The petitioners, after serving in the Indian Army w.e.f. 13.8.1962 to 31.8.1977 and 28.1.1963 to 31.1.1978 respectively, were appointed as Bulldozer Operators with the Punjab Land Development and Reclamation Corporation [in short 'the Corporation'] on 10.7.1978 and 3.7.1979, respectively. The afore- stated Corporation was undisputedly owned and controlled by the Government of Punjab. The State Government having taken a decision to wind-up a part of the Corporation's work, it decided to transfer the services of the petitioners to the Agriculture Department as Beldars. The petitioners were consequently declared surplus in the Corporation and were absorbed as Beldars in the Agriculture Department, Government of Punjab, vide order dated 10.07.1997. After serving in the said Department, they have retired on attaining the age of superannuation w.e.f. 31.10.2004 and 28.2.2005, respectively. The petitioners have been denied the pensionary benefits on the plea that the 'government service' rendered by them is less than ten years. While holding so, the respondents have declined to count the services rendered by them in the Corporation.
Aggrieved, the petitioners have approached this Court. Relying upon a decision of this Court dated 26.02.2008 rendered in CWP no. 7120 of 2002 [Smt. Krishna Khullar v State of Punjab & Ors.], it is urged on behalf of the petitioners that the services rendered by them in the Corporation need to be counted towards pensionary benefits in the Government Department. In Smt. Krishna Khullar's case, this Court observed as follows:-
"The question as to whether the service rendered by a government employee in a State controlled autonomous body, including the Boards/Corporations, etc., would count towards the total qualifying service for the grant of pension and other retiral benefits under the Civil Service Rules is no longer res integra. The petitioner has placed reliance upon a judgment of this Court dated 6.11.2001 rendered in CWP No.4055 of 1994 (Kapur kaur & Ors. v. State of Punjab & Ors.) (Annexure P-4) as well as a judgment dated 16.11.1993 (Annexure P-7) passed in CWP No.17073 of 1991 (Vijay Laxmi & Ors. v. State of Punjab & Ors.). In R.P. Singla v. State of Punjab, 2002 (3) RSJ 504, the service rendered with Govt. of Punjab was ordered to be amalgamated with the service rendered in PSEB for the purpose of retiral benefits.
Similarly, in CWP No.4007 of 1999 (Gurbax Singh v. U.O.I. & Ors.) decided on May 26, 2000, a Division Bench of this Court directed to count service as a govt. employee the service rendered with the Sports Authority of India for the purpose of retiral benefits".
For the reasons assigned in Smt. Krishna Khullar's case [supra], the writ petition is allowed. The impugned orders are quashed and the respondents are directed to count the service rendered by the petitioners in the Corporation towards pensionary service in the Government Department and release the retiral benefits within four months from the date a certified copy of this order is received, failing which the petitioners shall be entitled to interest @ 7% per annum. However, if the petitioners are required to refund some monetary benefit drawn by them from the Corporation for the purposes of grant of pensionary benefits from the Government Department, they are willing and shall be required to do so.
Disposed of. Dasti.
February 23, 2010. ( SURYA KANT ) dinesh JUDGE