Punjab-Haryana High Court

Harminder Singh, Etc vs State Of Haryana, Etc on 1 May, 2024

MANINDER
2024.05.02 11:25

2024: PHHC:059916

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH
Sr. No.202 CWP-5739-1998 (O&M)
Date of Decision: 01.05.2024
Harminderpal Singh and others .... Petitioners
Versus
State of Haryana and others ... Respondents

CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHTIYA
Present: Mr. Subhash Ahuja, Advocate for the petitioners.

Ms. Tanushree Gupta, DAG Haryana.

28 KK

TRIBHUVAN DAHIYA, J. (ORAL)

This petition has been filed inter alia seeking a writ of mandamus directing the respondents to release the benefit of higher pay scale to the petitioners by counting their adhoc service prior to regularisation.

2. It is not disputed at Bar 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, wherein it has been held 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 benefit, including higher scales/selection grade etc.

3. In view thereof, the petitioners' claim for grant of higher pay scale by counting their adhoc service rendered prior to regularisation becomes unsustainable. Accordingly, the petition stands dismissed.

4. Pending miscellaneous application(s), if any, stand disposed of as

having been rendered infructuous.

(TRIBHUVAN DAHTYA) JUDGE 01.05.2024 Maninder Whether speaking/reasoned : Yes/No

I attest to the accuracy and Whether reportable : Yes/No

authenticity of this order/judgment.