LAWS(P&H)-2013-4-225

SHANNO DEVI Vs. STATE OF HARYANA AND OTHERS

Decided On April 11, 2013
SHANNO DEVI Appellant
V/S
State Of Haryana And Others Respondents

JUDGEMENT

(1.) LEARNED counsel for the parties have been heard at length. The challenge in the instant writ petition is to the order dated 17.6.2011, Annexure P3, whereby the claim of the petitioner to count the adhoc service rendered by her for the period 21.2.1974 to 5.8.1978 for the purposes of pension and gratuity has been rejected.

(2.) THE facts of the present case lie in a narrow compass. Petitioner was initially appointed as a Hindi Teacher under the State Education Department on adhoc basis, vide order dated 13.2.1974, in pursuance to which she joined on the post on 21.2.1974. She worked as such on adhoc basis till 5.8.1978 whereupon she was relieved from service upon the joining of a regular employee. Petitioner was again appointed on adhoc basis and she joined as such on 1.9.1979. Under a regularization policy, services of the petitioner were regularized vide order dated 8.7.1980 but, with effect from 1.1.1980. Petitioner retired from service on 28.2.2010 upon attaining the age of superannuation. She was released the pension and pensionary benefits by computing the service rendered by her w.e.f. 1.9.1979 to 28.2.2010 i.e. 30 years, 5 months and 27 days. Petitioner was denied the benefit of adhoc service rendered by her for the period 21.2.1974 to 5.8.1978 for the purposes of pension and gratuity. A claim raised in regard thereto has resulted in the passing of the impugned order dated 17.6.2011, Annexure P3.

(3.) RULE 3.17 -A of the Punjab Civil Services Rules contained in Chapter 3, Vol. II (as applicable to the State of Haryana) reads in the following terms: