STATE OF HARYANA Vs. RATTI RAM

JUDGEMENT

(1.) THIS is a Letters Patent Appeal filed ayainst the judgment dated November 19,2007 passed by the learned single Judge in C. W. P. No. 17821/2000 vide which the writ petition filed by Ratti Ram-respondent herein has been allowed to the extent of allowing pensionary benefit to him after counting the service rendered by him from May 22,1985 to April 17, 1997.

(2.) BROADLY, the facts are that respondent-Ratti Ram was appointed as a driver, with Haryana Roadways, Sonepat on may 22, 1985. He worked as such till June 25, 1995, when he met with a serious accident while on duty. He was admitted to PGIMS, Rohtak as an indoor patient on June 25, 1995. He remained on leave of the kind due from June 25, 1995 till April 17, 1997 i. e. the date with effect from which he was retired on medical grounds under Rule 5. 18 of the Punjab Civil Service rules (Volume II) (as applicable to Haryana)vide orders dated September 30, 1997 (Annexure P-4) on the basis of report dated march 26,1997 of the Special Medical Board of pgims, Rohtak, opining that Ratti ram-respondent, being 100% disabled was unfit to perform the duties of the post of driver. He was denied pensionary benefits as also ex gratia/compassionate appointment for his dependent son. Therefore, he filed CW. P. No. 17821/2000 State, upon notice, filed reply and the primary stand taken was that Ratti Ram had only 9 years 1 month and 18 days' qualifying service as against the required minimum 10 years' service, prescribed under the Punjab civil Service Rules and as such he was not entitled to pension. It was further submitted that an amount of Rs. 56,709/- had already been released on account of retiral benefits admissible to him.

(3.) AT the time of hearing before the learned single Judge, Ratti Ram-respondent limited his claim to pensionary benefits. The learned single, Judge allowed the writ petition to the extent that the State was directed to allow him pensionary benefits after counting the service rendered by him from May 22,1935 to April 17, 1997, by holding as under: