MANGE RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed by the petitioner for issuance of a writ of certiorari quashing the action of the respondents denying him the benefit of pension. The petitioner was appointed on daily wages in January, 1988. He along with others filed C.W.P. No. 24 of 1990 titled as Charan Singh and others v. State of Haryana which was allowed on 10.05.1993 and services of the petitioner were regularised w.e.f. 1.4.1993. He retired on 31.5.2001. He had 8 years 2 months regular service and 5 years 3 months uninterrupted service on daily wage to his credit. In total he had 13 years and 5 months service to his credit. His case for pension was sent to Accountant General's Office, Haryana but despite the order having been issued for releasing his pensionary benefits, the same were denied on the ground that he had not completed regular service of 10 years. Hence this petition.

(2.) IN reply the stand taken by the respondents No. 1 and 2 is that no appointment letter was issued to him. As per them the petitioner worked for 5 years 3 months as a daily wages labourer on muster roll and during this period he did not work against any post and that is why this period is not counted for pensionary purposes. However, the fact of his regularisation was admitted.

(3.) IN similar circumstances a Division Bench of this Court in Harbans Lal v. The State of Punjab and others,, 2012 (3) S.C.T. 362 : C.W.P. No. 2371 of 2010, C.W.P. No. 22134 of 2010 decided on 31.08.2010 held as follows: -