Darshan Kumari vs State Of Haryana And Others
2023 Latest Caselaw 375 P&H

CWP-372-2023                                         -1-

       IN THE HIGH COURT OF PUNJAB & HARYANA AT
                      CHANDIGARH

115                            CWP-372-2023
                               Date of decision:10.01.2023

Darshan Kumari                                       ... Petitioner
                               Vs.

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 Article 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 Clerk-Cum-Typist with the F.F.D.A. On 09.02.1982, initially

for a period of 06 months and later her services were regularized with

effect from 11.06.1984. In the year 2004, F.F.D.A. was merged with the

Department of Fisheries 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

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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 Department of

Fisheries, be treated 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 her within a period of 03 months thereafter.

10.01.2023                                        (SUVIR SEHGAL)
sheetal                                               JUDGE

          Whether Speaking/Reasoned            Yes/No
          Whether Reportable                   Yes/No




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