Punjab-Haryana High Court
Ved Parkash Bali And Others vs State Of Haryana And Another on 1 December, 2011
Author: Mahesh Grover
Bench: Mahesh Grover
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.W.P.No.20057 of 2009
Date of decision : 1.12.2011
Ved Parkash Bali and others
....Petitioners
Versus
State of Haryana and another
...Respondents
CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
....
Present : Mr.D.S.Rawat, Advocate
for the petitioners.
Mr.Harish Rathee, Sr.DAG, Haryana
for the respondents.
.....
MAHESH GROVER, J.
The petitioners pray that the period of past service rendered by them in various autonomous bodies of the State Government prior to their being absorbed in the government service be counted for the purpose of giving them financial benefits including retiral. Even though the respondents have denied the claim of the petitioners, but I am of the opinion that this controversy is no longer res integra and the matter is squarely covered by the decision of this Court rendered in CWP No.18791 of 2009, decided on 18.10.2011 after relying upon the other decision given by a coordinate Bench of this Court in CWP No.17116 of 2009 in which it was observed as follows :-
C.W.P.No.20057 of 2009 -2-
"The present writ petition is disposed of with the direction to the respondents to re-consider the request of the petitioners for either depositing the CPF contribution lying in their account or in alternative, deduct this amount for pensionary benefits for counting the service rendered by the petitioners in the Corporation for the purpose of grant of pension. Let this exercise be done within the period of six months from the date of receipt of copy of this order."
The Letters Patent Appeal against this judgment was also dismissed by observing as follows :-
"Keeping in view the aforesaid statement made by the learned counsel for the parties, we are of the considered view that the past service rendered by the writ petitioner-respondents with the HSMITC deserves to be counted for the purposes of pension, subject to the condition that they would deposit the amount of CPF contribution with the appellants in accordance with the rules, which has been withdrawn by them. Accordingly, we delete the direction issued by the learned Single Judge that the period of service rendered in HSMITC is to count for all intents and purposes. It is directed that the period is to count only for the pensionary/retiral benefits. With the aforesaid modification, the appeal is disposed of. The needful shall be done within a period of three months from the date of receipt of a copy of this order." C.W.P.No.20057 of 2009 -3-
In view of the aforesaid, when the matter is no longer res integra and has been finally decided by the LPA Bench, the instant writ petition is disposed of in terms of the observations made by this Court in LPA No.1261 of 2011.
1.12.2011 (MAHESH GROVER) JUDGE dss