Punjab-Haryana High Court
Anil Kumar vs State Of Haryana And Others on 9 January, 2023
CWP-306-2023
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
133
CWP-306-2023
Date of decision: 09.01.2023
Anil Kumar
...Petitioner
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MR.JUSTICE SUVIR SEHGAL
Present: Mr. Naveen Batra, Advocate
for the petitioner.
*****
SUVIR SEHGAL, J. (Oral)
Instant writ petition has been filed under Section 226/227 of
Constitution of India for issuance of a writ in the nature of mandamus for
directing the respondents to treat the service rendered by the petitioner with
Fish Farming Development Agency (F.F.D.A.) as qualifying service for the
purposes of grant of pensionary benefits.
Counsel for the petitioner submits that the petitioner was
appointed as Sectional Officer with the office of Chief Executive Officer,
F.F.D.A. and joined service on 17.07.1984. In the year 2004, F.F.D.A. was
merged with the Fisheries Department, Haryana and all the employees were
absorbed in the Fisheries Department. Counsel submits that the petitioner
superannuated on attaining the age of retirement on 31.08.2020. He submits
that service rendered by the petitioner with the F.F.D.A. has been counted for
the purposes of pay protection, ACP, leave encashment etc., however, the said
period has not been taken into consideration for calculation of pension payable
to the petitioner. Counsel submits that the petitioner has served a legal notice,
Annexure P-1, but to no avail. By relying upon judgment dated 13.12.2019,
Annexure P-2, passed by this Court, counsel urges that this Court has directed
that the service rendered by the employees with the F.F.D.A. prior to its merger
with the Fisheries Department, be treated as qualifying service for the purposes
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CWP-306-2023
of pension. Still further, by making a reference to the directions passed,
counsel submits that this Court has ordered that the petitioner's contribution
towards G.P.F. and interest be deducted from the arrears of the recalculated
pensionary benefits. Counsel submits that this judgment has attained finality.
Notice of motion.
On asking of the Court, Mr. Pankaj Middha, Addl. A.G., Haryana,
accepts notice on behalf of the respondents.
In view of the nature of order being passed, this Court does not
deem it necessary to call upon the respondents to file a response.
Having heard counsel for the parties, but without examining the
merits of the grievance raised, writ petition is disposed of with a direction to
respondent No. 2 to consider the claim of the petitioner in the light of
judgment, Annexure P-2, and pass an appropriate administrative order within a
period of 04 months from the date of receipt of certified copy of this order. In
case, the petitioner is found entitled to the ensuing benefits, the same be paid to
him within a period of 03 months thereafter.
( SUVIR SEHGAL)
JUDGE
09.01.2023
Harish Kumar
Whether speaking/reasoned : Yes No
Whether Reportable : Yes No
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