Punjab-Haryana High Court
Om Parkash vs State Of Haryana & Others on 5 March, 2013
Author: Tejinder Singh Dhindsa
Bench: Tejinder Singh Dhindsa
CWP No. 4809 of 2013 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No. 4809 of 2013 (O&M)
Date of decision: 05.03.2013
Om Parkash
...... Petitioner
Vs.
State of Haryana & others
...... Respondents
CORAM:- HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA.
Present: None.
.....
Tejinder Singh Dhindsa, J. (Oral
It has been averred that the petitioner was initially appointed with the Haryana State Minor Irrigation Tubewell Corporation as a Water Pump Operator on 22.09.1977. Thereafter, the petitioner was adjusted by way of transfer in the office of the Executive Engineer, Public Health Division, Rewari vide order dated 10.01.1995. The question as regards counting of service rendered by an employee in the HSMITC prior to transfer/absorption in a government department for purposes of grant of ACP/pensionary benefit came up for consideration before this Court in CWP No.12521 of 1999 and it was held in the following terms:
"Controversy in hand is covered by the judgment of full bench in the case of Gurmail Singh & others Vs. the State of Punjab and others 1992(7) SLR 744 and the recent judgment of Full Bench in case of Suresh Kumar Vs. State of Haryana & others, CWP No.2916 of 2000 decided on CWP No. 4809 of 2013 (O&M) -2- 20.12.2001. However, without prejudice to the rights of the State in those cases, in view of the above position in law, we allow this petition. The petitioners would be entitled to the same relief as has been granted in the cases referred to above, In the facts & circumstances of the case, there would be no order as to costs."
It has further been averred that such view of this Court was affirmed even by the Supreme Court of India. Accordingly, the present writ petition has been filed praying of issuance of a writ in the nature of mandamus for directing the respondents to grant to the petitioner the benefit of 1st, 2nd and 3rd ACP by counting the service rendered by the petitioner in the HSMITC prior to adjustment with the State Government department.
Taking notice of the specific pleadings contained in the writ petition, I deem it appropriate to dispose of the present writ petition in terms of issuance of directions to respondent No.4 i.e. the Executive Engineer, Public Health Engineering Division No.1, Panipat/Competent-Authority to consider the claim of the petitioner and to take a final decision on the representation dated 12.12.2012 (Annexure P-2) strictly in accordance with law and by passing a speaking order within a period of four months from the date of receipt of a certified copy of this order.
Petition disposed of.
March 05, 2013 (TEJINDER SINGH DHINDSA)
harjeet JUDGE
CWP No. 4809 of 2013 (O&M) -3-