CHANDER BHAN Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) Prayer is for the issuance of a writ in the nature of Certiorari for quashing of order Annexure P/11 dtd. 23/6/2014 vide which the representation submitted by the petitioner for grant of pensionary benefits by counting his service rendered in Haryana State Handloom and Handicrafts Corporation Ltd. Chandigarh (hereinafter referred to as the 'Corporation') was rejected. Prayer is also for quashing condition No.2 in the appointment letter Annexure P/4, dtd. 23/10/2006, that the period prior to retrenchment of service would not be counted for any purpose and the petitioner would not claim any benefit of the past service. Prayer is also for the issuance of a writ in the nature of Mandamus directing the respondents to count 22 years and 3 months service rendered by the petitioner in the Corporation in view of Rule 17.3-A of CSR Volume-II Part-II and grant pensionry benefits of total service i.e. 31 years 3 months till date of superannuation i.e. 31/10/2015. Prayer is also for directing the respondents to protect his pay w.e.f. 27/10/2006 i.e. the date the petitioner joined service in the office of respondent No.2 as he was getting higher pay in his previous department as on 14/7/2000 with all consequential benefits along with interest @ 12% per annum on the arrears of pay and allowances in view of the law laid down by Hon'ble the Supreme Court in Union of India vs. Kamaljit Singh and another 2012 (4) RSJ 125.

(2.) Brief facts of the case leading to the filing of the writ petition are that the petitioner was appointed as Clerk-cum-Typist in the Corporation on 11/12/1978. Since, the State Government had decided to wind up the Corporation, the petitioner vide order Annexure P/3 dtd. 8/3/2001 was retrenched and relieved from service on 9/3/2001. However, on 21/6/2006, the Government of Haryana, vide notification No.GSR/13/Const/Art.309/2006 issued instructions for adjustment of regular employees of Boards/Corporations/Co-Operative Federation and other Public Sector Undertaking who had been retrenched on account of closure or restructuring of organizations between 1/3/2000 to 1/3/2005. The petitioner was retrenched on account of closure of the Corporation on 9/3/2001, therefore was considered for appointment to the post of Clerk in the O/o Director Prosecution, Haryana, in terms of Clause-8 of the instructions which is being reproduced as under:-

(3.) Director Prosecution, Haryana, vide Annexure P/4, offered appointment to the petitioner on the post of Clerk in the Prosecution Department on the conditions contained in the offer letter. Relevant conditions of the offer of appointment letter are reproduced as under:-