Ravinder Pal vs State Of Haryana And Ors
2023 Latest Caselaw 3613 P&H

                                                  Neutral Citation No:=2023:PHHC:049374




CWP No.871 of 2017 (O&M)                           2023:PHHC:049374
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       IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH


                             CWP No.871 of 2017 (O&M)
                             Date of Decision: 11.04.2023

RAVINDER PAL
                                        ......Petitioner
     Vs
STATE OF HARYANA AND ORS
                                        .....Respondents

CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:Mr. Sandeep Singal, Advocate
        for the petitioner.

        Mr. Naveen Singh Panwar, D.A.G., Haryana.

        Mr. Deepak Balyan, Advocate
        for the respondent No.4.
           ****

RAJ MOHAN SINGH, J.(Oral)

[1]. The petitioner has preferred this writ petition for the

issuance of an appropriate writ in the nature of certiorari,

quashing the letters dated 30.07.2015 and 08.01.2016 issued

by the respondent No.2 declining the prayer of the petitioner for

counting of his past service for the purpose of computing total

length of service for pensionary benefits in the present

Department.

[2]. Admittedly, the petitioner was appointed substantively

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as a Lab Chemist in the Haryana Cooperative Sugar Mill Ltd.,

Rohtak in the year 1983. During his employment in the Haryana

Cooperative Sugar Mill Ltd., he was appointed as a Taxation

Inspector on 18.04.1990. The appointment of the petitioner as

the Taxation Inspector was ultimately quashed by the Hon'ble

Apex Court vide judgment dated 12.05.1994.

[3]. Thereafter the petitioner was appointed as Senior

Scientific Officer (Scene of Crime) in the present Department

vide letter of appointment dated 14.07.2004. Now the petitioner

stands retired on 30.06.2018.

[4]. The issue is regarding computation of length of service

of the petitioner in the Haryana Cooperative Sugar Mill Ltd.,

Rohtak for the purpose of total length of qualifying service

towards pension. The prayer has been rejected on the basis of

office memorandum dated 07.01.2002, wherein the scope of

memorandum was confined to those employees, who have

been absorbed in the service with the prior sanction of the

present employer or the appointment of the employee on

transfer basis.

[5]. Even, if it is found to be arguable whether the aforesaid

memorandum strictly applies to the case of the petitioner in view

of Rule 4.23 of the Civil Services Rule Volume II, the case of the

petitioner does not fall under the conditions in which interruption

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can be condoned.

[6]. Evidently, the period of employment of the petitioner in

Haryana Cooperative Sugar Mill Ltd., Rohtak was non-

pensionable in character, therefore, non-pensionable period

cannot be computed for the grant of pensionary benefits on the

present post for which the petitioner is entitled to his actual

pension on the basis of service rendered by him in the present

Department. The appointment of the petitioner on the post of

Taxation Inspector was quashed by the Hon'ble Apex Court.

The interruption is more than 10 years. Even otherwise, the

period of service of the petitioner as a Chemist in Haryana

Cooperative Sugar Mill Ltd., Rohtak was non-pensionable,

therefore, no benefit can be granted to the petitioner in the

context of computation of such period towards total length of

service for pensionary benefits. Consequently, this writ petition

stands dismissed.

                                         (RAJ MOHAN SINGH)
April 11, 2023                                 JUDGE
Atik
Whether speaking/reasoned               Yes/No
Whether reportable                      Yes/No

Neutral Citation No:=2023:PHHC:049374

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