DEENU KHAN Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) By this order, above mentioned two writ petitions,which involve the same question of law and similar facts are being decided. For the purpose of this order facts are being taken from CWP No.25646 of 2014.

(2.) The grievance which is being raised in the present writ petition is that the service, which the petitioner has rendered with Fish Farmers Development Agency (hereinafter referred as 'FFDA') has not been taken into account as qualifying service for computing pensionary benefits of the petitioner. The prayer of the petitioner is that the said service, for which the petitioner has already been granted the benefit of pay protection and the same has also been taken into consideration for the grant of benefits under Assured Career Progression Scheme and leave encashment, should be taken into account as qualifying service for computing pensionary benefits.

(3.) FFDAs came into being in the year 1976. Initially, the said agency was established at Karnal and, thereafter, keeping in view the result being given by the said agency by the year 1999, FFDAs were created in all the districts of the State of Haryana. Initially all the employees of the FFDAs were the employees of Fisheries Department, Haryana, who were sent on deputation there to discharge the duties. There were 216 posts, which were sanctioned in the various FFDAs and out of the said 216 posts, 172 posts were held by the employees of the Fisheries Department, Government of Haryana by way of deputation. Against remaining 44 posts, recruitment was done by FFDAs and petitioner was appointed as fisheries extension worker during the said recruitment. The grant-in-aid was given to the FFDAs by the Government of Haryana and the salary, which was being paid to the employees of the FFDAs, who were on deputation or recruited by the FFDAs, was being paid by the State Government. Initially, the Deputy Commissioner of the concerned district was the administrator of the FFDA but later, FFDAs were governed/administrated by the Director Fisheries Department. This was for the reason that most of the employees, who were working in FFDAs were on deputation from the Fisheries Department, Haryana.