RATI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner has sought issue of a writ of mandamus for counting his service with effect from 16.6.1954 to 31.7.1967 as qualifying service for the grant of pension and other retrral benefits.

(2.) SOME of the facts which are not in dispute are that the petitioner joined service under the Panchayat Samiti, Bhadhra, on 16.6.1954 as Secretary. His appointment as Panchayat Secretary was approved by the Director of Panachayats. Initially, the petitioner was put under the Control of the Gram Panchayat but after the amendment of the Panchayat Act the petitioner was treated as an employee of the Panchayat Samiti and he was placed under the control of Panchayat Samiti. In the year 1971 further amendment was made in the Panchayat Act and the Panchayat Secretaries came to be designated as Gram Sachivs. A decision was also taken to absorb the existing Gram Sachivs in the Government service. The candidature of the petitioner was also considered by a committee constituted for that purpose and on the recommendations of the committee the petitioner was posted as Gram Sachiv under the Government with effect from 27.11.1972, a post which the petitioner held till his retirement i.e., 31.5.1982.

(3.) IN their written statement, respondents Nos. 1 and 2 have pleaded that all the monetary benefits due to the petitioner have already been given to him. Respondents have disputed the claim of the petitioner for counting his service from 16.6.1954 to 31.7.1967 for the purpose of pension on the ground that the petitioner had entered the service of the Panchayat Samiti on 1.8.1967 and only with effect from that date his service can be counted for the purpose of pension.