RAM LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has impugned the order dated 24.2.2010 (Annexure-P-4), passed by respondent No. 3, vide which the pensionary benefits have been declined to the petitioner.

(2.) The brief facts of the case are that the petitioner joined the service as a driver on 27.9.1981, in the Haryana Roadways, Yamuna Nagar Depot on regular basis against a sanctioned post. He resigned from Haryana Roadways on 18.10.1991 from the post of driver. In this way, he worked for 10 years, 1 month and 21 days in Haryana Roadways. According to the petitioner, he is qualified for pension in view of Rules 4.19 and 6.16 (2) of the Punjab Civil Services Rules, Volume-II, Part-II, as applicable to State of Haryana. The petitioner has also disclosed that he had worked as a driver with the Ambala Central Cooperative Bank Limited, Ambala, on 17.12.1969 on a substantive post. His services were terminated by the Ambala Central Cooperative Bank Limited, Ambala, on 23.6.1978. The termination order was set aside by the appellate authority. The Ambala Central Cooperative Bank Limited, Ambala, being aggrieved of the orders, filed CWP No. 169 of 1980 before this Court, which was dismissed on 4.2.1991 (Annexure-P-1). The Letters Patent Appeal (LPA-423-1991) against the said order of Single Bench was dismissed by a Division Bench of this Court on 27.5.1991 (Annexure-P-2). Further Civil Appeal (Civil Appeal No. 11312-1995 arising out of SLP (C) 14940/1991) preferred by the Ambala Central Cooperative Bank Limited, Ambala, before the Hon'ble Supreme Court of India was also dismissed on 27.11.1995 (Annexure-P-3). It was thereafter that during this period the petitioner had served with Haryana Roadways for the aforesaid period. The petitioner claims pension and other pensionary benefits and it is stated that the impugned order dated 24.2.2010 (Annexure-P-4), vide which the benefits have been denied under Rule 5.32-A of Punjab Civil Services Rules, Volume-II, as applicable to State of Haryana, is illegal.

(3.) Respondents, on the other hand, have taken the stand in the written statement that as per Rule 5.32-A of Punjab Civil Services Rules, Volume-II, as applicable to State of Haryana, the qualifying service of the petitioner is less than 25/30 years. Therefore, he is not entitled to the pensionary benefits and the same were rightly declined.