BIR SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Present writ petition under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature of certiorari for quashing order dated 16.7.2015 (Annexure P/9) passed by respondent No.3, whereby the claim of the petitioner to count the period of service rendered by him on adhoc basis for the purpose of pensionary benefits, has been rejected.

(2.) As per the petitioner, he joined the service as Driver on 20.11.1984 on ad hoc basis and he continued to work till 11.3.1986. On that date, his services were terminated. Industrial dispute was raised by the petitioner and learned Industrial Tribunal, Faridabad held the termination of the petitioner to be bad and ordered reinstatement of the petitioner vide award dated 22.12.1988 (Annexure P/2). As per the petitioner, though he was initially appointed as Driver, but under compelling circumstances, the respondents obtained an affidavit from the petitioner agreeing to join as Peon on the pretext that no post of Driver was available and the petitioner joined as Peon on 1.1.1991 and retired from service on 30.4.2011.

(3.) The grievance of the petitioner is that the service rendered by him from 20.11.1984 to 1.1.1991 was to be counted for pensionary benefits in view of judgment of this Court in CWP-15081-2011, Shanno Devi Vs. State of Haryana and others, decided on 11.04.2013.