BAL MUKAND Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) Prayer in the present petition filed under Articles 226 and 227 of the Constitution of India is for issuance of directions to the respondents for granting pension to the petitioner as Retired employee of the Municipal Committee, Rewari. The Haryana Government Local Government Department notified Rules called "Haryana Municipal Employees Pension and General Provident Fund Rules, 1993" in the Haryana Government Gazette Notification extra-ordinary dated 05.03.1993. It is contended that petitioner joined as Fire Station Driver on 14.04.1969 and retired on 31.03.1992 as Driver in the Fire Service of Municipality, Rewari. Petitioner is claiming pension at par with those employees who retired on or after 16.04.1992.

(2.) On the other hand, the learned State counsel contends that the Haryana Government (Local Government Department) presently namely as Urban Local Bodies Department allowed pensionary benefits to the employees of municipalities in the State of Haryana and issued above said notification dated 05.03.1993. Relevant provisions of rule 2(1) of the said rules is reproduced as under:--

(3.) I have considered the rival contention of both the counsel for the parties.