BALBIR SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution of India prays for issuance of a writ of mandamus directing the respondents to grant the benefit of ad hoc service to the petitioner towards seniority, promotion and other benefits. At the time of hearing, the learned counsel for the petitioner, however, has not pressed the writ petition insofar as the prayer made for grant of benefit towards seniority and promotion are concerned as the petitioner has already retired from service during the pendency of the writ petition. However, he has claimed that the benefit of ad hoc service followed by regularisation should be given for the purposes of pension and other retiral benefits.

(2.) The petitioner was admittedly appointed as Information Centre Assistant on ad hoc basis w.e.f. 7.3.1972 in the pay scale of Rs. 160-400 (Annexure P.1). He continued in service without any interruption and was regularised on the post of Information Centre Assistant on 1.1.1980 (Annexure P. 2). Thereafter, the petitioner was confirmed as Accountant/ICA w.e.f. 30.6.1980 (Annexure P.3).

(3.) Shri K.G. Chaudhary, learned counsel for the petitioner has relied upon a Full Bench judgment of this Court in the case of Kesar Chand v. State of Punjab, 1988 5 SLR 27 and argued that any ad hoc service preceding the date of regularisation has to count for retiral benefits. Learned counsel has further argued that the petitioner should be granted interest on the delayed payment as the law has been declared by the Full Bench in the year 1988.