Rishi Raj And Anr vs State Of Haryana And Ors
2021 Latest Caselaw 662 P&H

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH
104

                                       CWP-153 of 2018 (O&M)
                                       Date of Order:18.02.2021

RISHI RAJ AND ANR.
                                                                 ..Petitioners

                                   Versus

STATE OF HARYANA AND ORS.
                                                                ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present: Mr. Kuldeep Khandelwal , Advocate, for the petitioners.

Mr. Samarth Sagar, Additional Advocate General, Haryana.

ANIL KSHETARPAL, J(Oral)

The hearing of the case was held through video conferencing

on account of restricted functioning of the Courts.

Learned counsel for the parties do not dispute that the claim of

the petitioner for counting the services rendered by them as part time

employee is to be considered as a qualifying service for the grant of

pensionary benefits in view of the judgment in Jai Bhagwan vs. State of

Haryana and others(Civil Writ Petition No.1048 of 2016, decided on

01.03.2019).

Mr. Samarth Sagar, Additional Advocate General, Haryana,

however, states that the Letters Patent Appeal against the aforesaid

judgment is pending.

Be that as it may. Once a Co-ordinate Bench has already held

that such service is required to be treated as a qualifying service for the

grant of pensionary benefits, this Court does not find any ground to take a

different view.

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 CWP-153 of 2018 (O&M)                                           -2-

The aforesaid judgment is also with respect to the employees,

who were working in the Department of Education, Haryana.

Keeping in view the aforesaid facts, the present writ petition is

disposed of in terms of the decision in Jai Bhagwan's case (supra).

February 18, 2021                                   (ANIL KSHETARPAL)
nt                                                        JUDGE

Whether speaking/reasoned                     : Yes/No
Whether reportable                            : Yes/No




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