PARTAP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This regular second appeal has been filed assailing the judgment of the learned District Judge, Sonepat whereby the learned District Judge has accepted the appeal filed by the respondent State of Haryana and the Haryana State Agriculture Marketing Board, Panchkula (hereinafter to be referred as, `the Board') and held that service rendered by the appellant-plaintiff in the Cooperative Department of the State of Haryana from 11/12/1961 to 16/12/1969 would not count towards his pensionary benefits.

(2.) The appellant-plaintiff filed a suit for declaration with consequential relief of permanent injunction on the plea that before joining the service of the Board as an Accountant in the Market Committee, he had served in the Cooperative Department from 11.12.1961 to 16.12.1969. Ultimately, he had retired from the post of Executive Officer-cum-Secretary, Market Committee, Sonepat on 30.11.1999. He claimed that the period of service rendered by him in Co-operative Department of the State of Haryana should be counted towards his qualifying service for pension upon his retirement as an Executive Officer-cum-Secretary, Market Committee under the Board.

(3.) While the trial Court granted this relief to the appellant, the Appellate Court came to the conclusion that the appellant-plaintiff was not entitled to the benefit of service rendered by him in the Co-operative Department from 11.12.1961 to 1.2.1969. The Appellate Court on going through the facts on the record and examining the service book of the appellant-plaintiff rejected his claim and the relevant observations are as hereunder:-