HARYANA STATE AND ANR. Vs. NAGAR MAL SHARMA

JUDGEMENT

(1.) THIS appeal is directed by Haryana State and another against the judgment/decree dated 14.12.2004 passed by the court of learned District Judge, Narnaul whereby he accepted the appeal of the plaintiff and dismissed the appeal filed by State of Haryana and Others and modified the judgment and decree dated 28.2.2004 passed by the court of learned Civil Judge (Junior Division) Narnaul to the extent that the defendants shall fix the pension of the plaintiff in accordance with the rules and pay the arrears of pension from the period of 3 years and 2 months prior to the filing of the suit leaving the parties to bear their own costs.

(2.) THE facts which led to the filing of the suit are that the plaintiff was appointed as Steno -typist in the office of Zila Parishad Narnaul in the month of August, 1968 on regular basis. Later on , that department was abolished and absorbed with the office of the Deputy Commissioner, Narnaul in the month of December, 1973. The plaintiff completed a total service of 10 years 5 months and 3 days, where after he resigned from the job on 18.1.1979 for the purpose of contesting election of Haryana Assembly. Earlier it was not clear whether service of Zila Parishad rendered by the plaintiff would be counted for pensionary benefits but subsequently the State Government on 22.11.1991 issued instructions to the effect that employees of Zila Parishads who were absorbed in other departments were entitled to pro -rata pension, gratuity, etc. alongwith interest over the arrears due at the rate of 18% per annum. Thus plaintiff was entitled to pro -rata pension, gratuity and other retiral benefits alongwith interest and he was ready to refund the share of the Zila Parishad's Provident Fund made from August 1968 to 30.11.1973.

(3.) THE following issues were framed by the learned Trial Court: