SHER SINGH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Petitioner joined the service of the respondents as Beldar on muster roll/daily wage basis in April, 1988. The Government of Haryana issued instructions for regularization of services of the daily wage employees who had completed three years' service as on 31.1.1996 and had worked for 240 days in each calendar year and did not have a break of more than one month at the time when the instructions were issued. In pursuance to these instructions, services of the petitioner were regularized w.e.f. 31.1.1996. Petitioner retired from service on 31.3.2005 on attaining the age of superannuation. He was, however, not paid pension by the respondents on the ground that he does not have regular qualifying service of 10 years which would entitle him to the benefit of pension as per Rule 6.16 (1), Vol.II of the Punjab Civil Services Rules (hereinafter referred to PCS Rules). Petitioner, therefore, approached this Court by filing the present writ petition claiming the benefit of Rule 3.17 (A) which, according to the petitioner entitles him for counting of his daily wage service and if the said service rendered by him from the year April 1988 to 31.1.1996 is taken into account, he would fulfil the required 10 years' service which would entitle him to the benefit of pension.

(2.) Upon notice issued by this Court, respondents have filed reply and the objection which has been raised by them is that the petitioner has not rendered 10 years' regular service as required under Rule 6.16 (i) of the PCS Rules Vol.I Part II as he has rendered only 9 years and 2 months of service on regular basis prior to his retirement after the date of his regularization i.e. 31.3.1996. The claim of the petitioner for counting his daily rated service prior to the date of his regularization is disputed on the ground that the service rendered by him would not fall under Rule 3.17 and 3.17(A) of the PCS Rules, Vol.II Part II and accordingly, a prayer has been made for dismissal of the present writ petition.

(3.) Counsel for the parties have accordingly addressed the Court. Counsel for the petitioner has placed reliance upon a judgment of this Court passed in CWP No.7378 of 2003 Hari Chand v. Bhakra Beas Management Board and others, decided on 22.3.2011 to contend that the petitioner is entitled to counting of his service which he had rendered on daily wage basis towards pension and pensionary benefits.