Punjab-Haryana High Court
Sat Parkash Sharma vs State Of Haryana on 11 March, 2024
CWP-15572-1997 along with connected petitions
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Sr. No.202 Date of Decision: 11.03.2024
1) CWP-15572-1997 2024:PHHC:034639
Bhopal Singh and others .... Petitioners
Versus
State of Haryana and others ... Respondents
2) CWP-18075-2000 (O&M) 2024: PHHC:034643
Maya Ram and others .... Petitioners
Versus
State of Haryana and others ... Respondents
3) CWP-18084-2000 (O&M) 2024:PHHC:034634
Ram Phal and others .... Petitioners
Versus
Haryana Vidyut Parsaran Nigam Ltd. and others ... Respondents
4) CWP-3573-2000 (O&M) 2024: PHHC:034645
Sat Parkash Sharma .... Petitioner
Versus
State of Haryana and others ... Respondents
CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA
Present:
Mr. A.K.Agnihotri, Advocate and
None for the petitioners in CWP No.15572 of 1997.
Mr. U.K.Agnihotri, Advocate
for the petitioners in CWP Nos.18075, 18084 and 3573 of 2000.
MANINDER
2024.03.23 17:03
I attest to the accuracy and
authenticity of this
order/judgment.
CWP-15572-1997 along with connected petitions 2
Mr. B.R.Mahajan, Advocate General, Haryana, assisted by
Mr. Sanjiv Kaushik, Addl.A.G,,Haryana.
Mr. A.S.Virk, Advocate
for respondent no.3 in CWP No.15572 of 1997.
3K 2 3k
TRIBHUVAN DAHIYA, J. (ORAL)
The aforesaid petitions are being decided together since
common question of law on similar facts arises for consideration in all of
them, i.e., grant of benefits of annual increment, higher pay scale after
completion of 08/18/20 years of service, seniority, earned leave, medical
leave, etc., on the basis of total service rendered in the Department,
including adhoc service, which is followed by regularisation.
2. Learned counsel for the petitioners has argued that the adhoc
service rendered by the petitioners prior to regularisation on the post of
Assistant Lineman need to be counted for all service benefits as claimed by
them, since it was followed by regularisation. In support of his contentions,
he has relied upon a Full Bench judgment of this Court rendered in Kesar
Chand v. State of Punjab through The Secretary, PW.D. B & R., Chandigarh
and others, 1988(5) SLR 27.
3. Learned State counsel contends that the issue raised herein
stands settled as per law laid down by the Supreme Court in State of
Haryana v. Haryana Veterinary and A.H.T.S. Association, 2000(8) SCC 4,
that service rendered by an employee prior to regularisation cannot be held
to be regular service, nor can it be tagged on to the later service for earning
service benefits, including higher scales/selection grade etc.
5. The Full Bench judgment in Kesar Chand case (supra) relied
upon by learned counsel for the petitioners has no application to the facts of
2024.03.2317:03 the instant cases, since it pertained to counting the service rendered by an
CWP-15572-1997 along with connected petitions 3
employee prior to regularisation as qualifying service for pensionary
benefits; whereas, the petitioners are seeking benefits of adhoc service prior
to regularisation for service benefits. Since the issue at hand already stands
settled as per law laid down in Haryana Veterinary and A.H.T.S. Association
case (supra), there is no ground to entertain the present petitions.
6. Accordingly, all the petitions stand dismissed.
7. Pending miscellaneous application(s), if any, stand disposed of
as having been rendered infructuous.
8. A photocopy of this order be placed on connected files.
(TRIBHUVAN DAHTYA)
JUDGE
11.03.2024
Maninder
Whether speaking/reasoned --_: Yes/No
Whether reportable : Yes/No
