Dr. Suraj Bhan Yadav And Ors vs State Of Haryana And Others
2022 Latest Caselaw 6064 P&H

CWP-13617-2022                                              1

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH



(155)                            CWP-13617-2022
                                 Date of Decision : July 04, 2022


Dr. Suraj Bhan Yadav and others                             .. Petitioners



                                 Versus

State of Haryana and others                                  .. Respondents

CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present: Ms. Deepika, Advocate, for Mr. Sandeep Kumar Yadav, Advocate, for the petitioners.

HARSIMRAN SINGH SETHI J. (ORAL)

Learned counsel for the petitioners argues that the period of

probation as well as adhoc service rendered by the petitioners, which was

followed by the regular service, has not been taken into account as

qualifying service for computing the pensionary benefits of the petitioners,

which is totally arbitrary and illegal and is contrary to the settled principle

of law.

Learned counsel for the petitioners submits that not only the

probation period but even the adhoc service rendered by an employee is to

be counted as qualifying service for computing the pensionary benefits

keeping in view the judgment of the Full Bench of this Court in 'Kesar

Chand Vs. State of Punjab and others', AIR 1988 Punjab 265, hence, the

respondents are liable to be directed to grant the petitioners, the benefit of

total length of service as qualifying service for computing their pensionary

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benefits.

Learned counsel for the petitioners further submits that the

petitioners have already raised the said grievance before the respondents by

serving upon them a legal notice dated 17.02.2022 (Annexure P-21), which

is still pending consideration with the respondents and the petitioners will

be satisfied, at this stage, in case a direction is issued to respondent No.2 to

decide the same by passing an appropriate speaking order in a time bound

manner.

Notice of motion.

Mr. Raman Kumar Sharma, learned Additional Advocate

General, Haryana, who is present in Court, accepts notice on behalf of the

respondents and raises no objection in deciding the legal notice dated

17.02.2022 (Annexure P-21) in a time bound manner by passing an

appropriate speaking order.

Without expressing any opinion on the merits of the case or the

claim being made by the petitioners in the legal notice dated 17.02.2022

(Annexure P-21), the present writ petition is disposed of with a direction to

respondent No.2 to decide the legal notice dated 17.02.2022 (Annexure P-

21) by passing an appropriate speaking order within a period of eight weeks

from the receipt of copy of this order.

July 04, 2022                             (HARSIMRAN SINGH SETHI)
harsha                                          JUDGE

             Whether speaking/reasoned : Yes
             Whether reportable        : No




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