High Court Punjab-Haryana High Court

The State Of Haryana & Others vs Mohinder Singh on 18 February, 2009

Punjab-Haryana High Court
The State Of Haryana & Others vs Mohinder Singh on 18 February, 2009
R.S.A. No. 804 of 2009                                                 1

IN THE PUNJAB AND HARYANA HIGH COURT AT
              CHANDIGARH

                                R.S.A. No. 804 of 2009 (O&M)
                                Date of Decision : 18.2.2009

The State of Haryana & others
                                                           .......... Appellants
                                Versus

Mohinder Singh
                                                             ...... Respondent

CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA

Present :   Mr. Madan Gupta, Sr. DAG, Haryana
            for the appellants.

                   ****

VINOD K. SHARMA, J. (ORAL)

This regular second appeal is directed against the judgments

and decree dated 29.11.2007 and 26.11.2008 passed by the learned Courts

below vide which suit filed by the plaintiff respondent for declaration, that

he is entitled to pensionary benefit stands decreed.

It is not in dispute that the plaintiff-respondent joined the

department in March, 1985 and continued as daily wager till 31.3.1993,

when his services were regularized. He retired on attaining the age of

superannuation. The only ground on which the pensionary benefits were

denied was that he had not completed the requisite ten years of service. In

calculating the period of service the period spent by the plaintiff-respondent

from March 1985 to 31.3.1993 was not taken into consideration on the

ground that the daily wage service was not to be counted towards

pensionary benefit.

R.S.A. No. 804 of 2009 2

The learned Courts below relied upon the Full Bench judgment

of this Court in the case of Kesar Chand Vs. State of Punjab and others

1989(II) RSJ 629.

The learned Senior DAG Haryana contends that it is the only

work charge service which is to be counted and not daily wage. This plea

cannot be accepted.

It is well settled law that the daily wage service which is

followed by regularization of service is to be counted for pensionary

benefits.

The judgments and decree passed by the learned Courts below

is in consonance with settled law.

Thus, this appeal raises no substantial question of law for

consideration by this Court.

No merit.

Dismissed in limine.

18.2.2009                                    ( VINOD K. SHARMA )
  'sp'                                            JUDGE