K.D.SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER was initially appointed as a Head Assistant in the Haryana State Minor Irrigation Tubewells Corporation Ltd. (hereinafter referred to as 'the Corporation') on regular basis on 04.05.1973, which was a Haryana Government Undertakings. The said Corporation was wound up, petitioner along with large number of employees was retrenched having been rendered surplus. Thereafter, Government took a decision to re-appoint/absorb the employees, who have been retrenched on they being declared surplus and accordingly, petitioner was appointed as Store Keeper on 29.03.2007 in the Industrial Training Institute, Jind from where he was transferred to Industrial Training Institute, Panipat and ultimately retired on superannuation on 31.05.2011.

(2.) SIMILARLY placed employees approached this Court through writ for grant of the benefit of counting of the service rendered by them in the Corporation for the purpose of pay fixation and retiral benefits, which writ petition was allowed by this Court. State of Haryana challenged the same in the Supreme Court in Civil Appeal No.4446 of 2008 titled as 'State of Haryana and another Vs. Deepak Sood and others' which was dismissed by the Supreme Court by passing a detailed order on 15.07.2008 (Annexure P6). According to this judgment, petitioner is entitled to the claims as has been made by him in the present writ petition. Initially, petitioner had been approaching the respondents for grant of the benefit but ultimately on 26.12.2011, petitioner has served a legal notice (Annexure P-7) upon the respondents for the grant of the benefit as has been granted to similarly placed employees in view of the above mentioned judgment of the Supreme Court in Deepak Sood's case (supra) but no decision thereon has been conveyed to the petitioner till date nor any benefit has been released to him. Counsel contends that petitioner, at this stage, would be satisfied if a direction is issued to the Director, Industrial Training and Vocational Education, Haryana-Respondent No.2 to consider and decide the legal notice dated dated 26.12.2011 (Annexure P-7) within some specified time.

(3.) IN case the petitioner is held entitled to the claim as made by him through his legal notice dated dated 26.12.2011 (Annexure P-7), the consequential benefits, if any, be released to him, in accordance with law, within a further period of two months.