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.
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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