RAMSAWROOP Vs. STATE OF HARYANA

JUDGEMENT

(1.) In the present writ petition, the grievance which is being raised by the petitioner is that the claim of the petitioner for counting the daily wage service rendered by him before the regularization of his services starting from 01.07.1988 till 31.01.1996 has not been taken into account as a qualifying service for computing the pensionary benefits and the prayer made by the petitioner in this regard has been rejected vide impugned order dated 28.12.2015 (Annexure P-11).

(2.) As per the facts mentioned in the writ petition, petitioner was appointed on daily wage basis on 01.07.1988 and he continuously worked till 31.01.1996 as such, when his services were regularized by the respondents. Thereafer petitioner worked on regular basis till 31.07.2013, when he attained the age of superannuation and ultimately retired. After the retirement, pensionary benefits of the petitioner were only fixed taking his regular service into account and not the daily wage service, which the petitioner has rendered starting from 01.07.1988 till 31.01.1996. Petitioner made a request to the respondents to grant the benefit of the daily wage service as qualifying service for computing the pensionary benefits but the said request of the petitioner was rejected while giving reply to the legal notice filed by the petitioner. Said reply (Annexure P-11) is under challenge in the present writ petition with the further prayer that the respondents be directed to grant the petitioner the benefit of daily wage service as a qualifying service for computing the pensionary benefits alongwith interest.

(3.) Though, the case of the petitioner had been rejected by the respondents but in the short reply, which was filed by the respondents, it is stated that the case of the petitioner has been reconsidered and the revised pension case has been prepared and sent to the authorities for granting the petitioner the benefit of daily wage service as a qualifying service for computing the pensionary benefits.