Dharamvir vs State Of Haryana And Others
2023 Latest Caselaw 271 P&H

CWP-254-2023
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       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH
129
                                          CWP-254-2023
                                          Date of decision: 09.01.2023

Dharamvir
                                                                     ...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 Peon with the office of Chief Executive Officer, F.F.D.A. He

joined service on 07.06.1990 and worked with F.F.D.A. till 26.05.2004. 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

30.04.2016. 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

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CWP-254-2023

as qualifying service for the purposes 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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