STATE OF HARYANA AND OTHERS Vs. NATHU SINGH

JUDGEMENT

(1.) The State has filed the present intra-court appeal impugning therein the order passed by the learned Single Judge dated 27.09.2016 whereby the writ petition filed by the respondent seeking benefit of service rendered by him from 09.12.1974 to 30.06.2002 with Haryana State Mineral Irrigation Tubewell Corporation (for short 'the Corporation') before retrenchment of his service, was directed to be counted as qualifying service for the purpose of pensionary benefits.

(2.) Mr. B. R. Mahajan, learned Advocate General, Haryana while assailing the order passed by the learned Single Judge submitted that respondent was working with Corporation and the period for which he worked therein is not in dispute. While he was in service, it was decided to close its operation. Subsequently, it was wound up. The operation of the Corporation was closed on 30.07.2002, as a result of which, all surplus employees were retrenched. They were paid all the benefits due to them. In addition, subsequently some employees were given golden hand-shake. However, some of the employees, as per their seniority, were transferred to other Government Departments/Corporations before the operation of the Corporation was stopped. In the case in hand, the services of the respondent were retrenched on 30.06.2002. All service benefits due to him, in addition to the amount payable as golden hand-shake, were paid and the relationship of master and servant severed.

(3.) The State in exercise of powers conferred under Article 309 of the Constitution of India notified a Scheme on 21.06.2006 providing for re-employment of the regular retrenched Group 'C' and 'D' employees of Boards/Corporations/Public Sector Undertakings, who had been retrenched from 01.03.2000 to 01.03.2005. The re-employment was to be made against vacancies of direct recruitment in Group 'C' and 'D', against available posts. A committee was constituted. Certain conditions were laid down in the scheme. One of the conditions was that adjustment of the retrenched employees would be subject to submission of affidavit that such adjustment shall be considered as a fresh appointment and no benefit of the past service shall be claimed.