RAM KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) CHALLENGE in the writ petition is to order dated 15.04.2014 (Annexure P -5) passed by respondent No.3, whereby the petitioner had though been granted benefit of the higher standard pay scale on completion of 10 years of service by counting his on time service, but while granting pensionary benefits on retirement on 31.07.2013, period for which he remained out of service, had not been taken into account.

(2.) MR . B.R. Vohra, learned counsel for the petitioner contends that petitioner had approached this Court for challenging the order whereby the period petitioner remained out of service was ordered to be considered. He contends that vide award dated 14.12.1995, the petitioner was reinstated on the post of Conductor with the benefit of continuity of services and other consequential benefits. However, it was ordered that petitioner shall not be entitled for the wages from the date of termination i.e. 19.2.1990 till 09.07.1992 and the petitioner approached this Court vide CWP No.141 of 2000, as the petitioner was not granted the benefit of higher standard scale on completion of 10 years and 20 years of service and this Court vide order dated 14.12.2001 (Annexure P -2) allowed the writ petition by setting aside the order of the respondents and gave directions to respondents to consider the period on duty in view of the award given by the Labour Court. It was further mentioned that all the necessary benefits shall be given to the petitioner within six months.

(3.) THE order dated 14.12.2001 passed in CWP No.141 of 2000 is extracted hereinbelow: -