STATE OF HARYANA AND OTHERS Vs. GULZARO DEVI

JUDGEMENT

(1.) Challenge in this appeal by the defendants is the judgment and decree dated 2.9.2011 passed by Sh. Ved Parkash Sirohi, Additional District Judge, Chandigarh, vide which the appeal preferred by the defendant-appellants against the judgment and decree dated 30.3.2009 passed by Sh. Parveen Kumar Lal, Civil Judge (Junior Division), Chandigarh, was dismissed.

(2.) Briefly stated, Gulzaro Devi wd/o Late Jai Pal Singh, filed suit for declaration to the effect that Jai Pal Singh Chowkidar would be deemed to be regularized as Chowkidar, Class IV employee w.e.f. 31.1.1996 on the basis of instructions dated 7.3.1996 as amended on 18.3.1996 and on the basis of instructions dated 3.10.2003 as amended on 13.8.2004. It is pleaded that plaintiff is the widow and legal heir of Jai Pal Singh, Chowkidar who died in harness on 22.9.2004. He was posted as such at Babain centre of the Food and Supplies Department Haryana, Kurukshetra District, since 1.6.1985 to 22.9.2004 without any break except for the period from 4.2.1993 to 9.3.1994, when he was forced out of the job illegally without any reasoning. It is further pleaded that later on he was reappointed on 9.3.1994 and since then he served the defendants continuously upto 22.9.2004 and remained Class IV employee. In view of the instructions dated 18.3.1996 and instructions dated 13.8.2004 Jai Pal Singh would be deemed to be in service as a regular employee. It is further pleaded that during his life time, Jai Pal Singh filed an application for regularization of his service but his services were not regularized. So, the plaintiff is entitled to the pension.

(3.) On put to notice, defendants filed written statement taking preliminary objections that plaintiff has no cause of action, the Court has no jurisdiction to entertain and try the suit. On merits, it is pleaded that Jai Pal Singh deceased was working as PR Chowkidar purely on daily wages basis as per rate fixed by the Deputy Commissioner. He died on 22.9.2004. It is further alleged that there is no record regarding alleged employment of Jail Pal Singh from 1.6.1985 to 9.3.1994 with the defendants. However, it is admitted that Jai Pal Singh during his life time has submitted an application for regularization of his service only two days prior to his death. It is further pleaded that Jai Pal Singh remained PR Chowkidar purely on daily wages basis w.e.f. 10.3.1994 to 3.12.1996 at PR Centre, Pehowa , from 4.12.1996 to 31.12.1997 at Kurukshetra Centre, from 1.1.1998 to 4.10.1999 at Ladwa Centre and from 5.10.1999 to 22.9.2004 at Babain Centre. It is pleaded that plaintiff was not entitled to any relief and consequently, the prayer for dismissal of the suit was made.