Punjab-Haryana High Court
Ram Sarup vs State Of Punjab And Ors on 19 November, 2024
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
Neutral Citation No:=2024:PHHC:151464
CWP No. 15166 of 2018 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(230) CWP No. 15166 of 2018 (O&M)
Date of Decision : 19.11.2024
Ram Sarup
...Petitioner
Versus
State of Punjab and others
...Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. Tara Chand Dhanwal, Advocate for the petitioner.
Mr. Satnam Preet Singh, Deputy Advocate General, Punjab.
***
Harsimran Singh Sethi J. (Oral)
1. In the present petition, the petitioner is seeking the benefit of
service which he had rendered in State of Haryana to be taken as a qualifying
service for computing the pensionary benefits after retiring from a post with
Govt. of Punjab.
2. Learned counsel for the respondents at the outset submits that
the said question has already attained finality while deciding CWP No. 14558
of 2017 titled as Hardev Singh Vs. State of Punjab and others, decided on
05.08.2024, wherein, the same benefit of seeking the benefit of service
rendered in State of Haryana has been declined by this Court.
3. Learned counsel for the petitioner has not been able to rebut the
same.
4. The judgment in Hardev Singh's case (supra) is reproduced as
under :-
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"In the present petition, grievance being raised by the
petitioners is that they are entitled for counting their service,
which they had rendered with the Government of Haryana
towards qualifying service for computing their pensionary
benefits after they retired from the Education Department,
Punjab.
Learned counsel for the respondents at the outset submits
that the question of law as raised in the present petitions is no
longer res integra as this Court while passing order in CWP-
5021-2012 titled as Gurdial Singh vs. State of Punjab and
others, decided on 03.05.2019 has held that keeping in view the
judgment passed by the Division Bench of this Court in CWP-
7694-1998 titled as Ranjit Nahar vs. State of Punjab and others
decided on 02.08.2000, service rendered in the State of Haryana
cannot be taken into account as qualifying service for computing
the pensionary benefits after being retired from a post while
working in the Government of Punjab.
I have heard learned counsel for the parties and have
gone through the record with their able assistance.
The only question which arises for determination in the
present petitions is whether the petitioners can be given benefit
of the service rendered by them in the State of Haryana towards
qualifying service for computing their pensionary benefits after
being retired while working on a post with the Government of
Punjab.
The said question of law is no longer res integra as the
Division Bench of this Court in the case of Ranjit Nahar (supra)
after considering all the facts has held that keeping in view the
rules governing the service of the State of Punjab, no benefit of
the service rendered in the State of Haryana can be given
towards qualifying service. Thereafter, this Court while passing
order in Gurdial Singh (supra) has held that service rendered in
the Government of Haryana cannot be taken into account as
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qualifying service for computing the pensionary benefits after
being retired from a Government of Punjab.
Learned counsel for the petitioners has not been able to
point out any differentiating fact in the case of the petitioners
with that of in the case of Ranjit Nahar (supra) as well as
Gurdial Singh (supra).
Keeping in view the fact that similar claim as raised in
Ranjit Nahar (supra) as well as in Gurdial Singh (supra) has
already been rejected, no ground for interference by this Court is
made out and the writ petitions are accordingly dismissed.
Civil miscellaneous application pending, if any, is also
disposed of.
A photocopy of this order be placed on the files of
connected cases."
5. Keeping in view the above, no benefit of the service rendered by
the petitioner in State of Haryana can be given towards the qualifying service
for computing pensionary benefits of the petitioner.
6. Dismissed.
7. Pending miscellaneous application, if any, also stands disposed
of.
November 19, 2024 (HARSIMRAN SINGH SETHI)
kanchan JUDGE
Whether speaking/reasoned : Yes
Whether reportable : No
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