Nirmal Singh And Others vs State Of Punjab And Others
2024 Latest Caselaw 20911 P&H

Punjab-Haryana High Court

Nirmal Singh And Others vs State Of Punjab And Others on 25 November, 2024

Author: Harsimran Singh Sethi

Bench: Harsimran Singh Sethi

                                       Neutral Citation No:=2024:PHHC:155510




CWP No. 30803 of 2024
                                  1

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

(110)                                   CWP No. 30803 of 2024
                                        Date of Decision : 25.11.2024

Nirmal Singh and others
                                                                  ...Petitioners

                                 Versus

State of Punjab and others
                                                                 ...Respondents

CORAM:       HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:     Mr. Ashok Giri, Advocate for the petitioners.

             Mr. Arun Gupta, Deputy Advocate General, Punjab.

             ***

Harsimran Singh Sethi J. (Oral)

Learned counsel for the petitioners submits that the impugned

order dated 10.10.2024 (Annexure P-10) which has been passed declining the

benefit to the petitioner and by keeping in the claim of the petitioner pending,

is arbitrary and illegal and contrary to the settled principle of law settled by

the Full Bench of this Court while deciding CWP No. 2864 of 1983 titled as

Kesar Chand Vs. State of Punjab through The Secretary, P.W.D.B. & R.

Chandigarh and others, decided on 02.06.1988, wherein the temporary/ad-

hoc service rendered by an employee prior to regularization of his/her

services, is liable to be taken as a qualifying service for computing the

pensionary benefits.

Notice of motion.

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Neutral Citation No:=2024:PHHC:155510

On the asking of the Court, Mr. Arun Gupta, Deputy Advocate

General, Punjab., who is present in Court, accepts notice on behalf of the

respondent-State.

Learned counsel for the respondents on instructions from Mr.

Sanjay Sharma, Assistant Director, Food & Supplies Department, submits

that the impugned order dated 10.10.2024 (Annexure P-10) be treated as

withdrawn with liberty to pass a fresh order in accordance with law by

keeping in mind the judgment in Kesar Chand (supra) as well as judgment

of this Court passed in CWP No. 10238 of 2017 titled as Jeewan Lata Vs.

State of Punjab and others, decided on 10.05.2019, wherein the benefit of

temporary service has been extended even to the part time employees for

computing their pensionary benefits and the fresh order will be passed within

a period of eight weeks of the receipt of copy of this order and whatever is

found admissible to the petitioner, the said relief will be granted to him.

Learned counsel for the petitioner submits that in view of the

statement of learned counsel for the respondents, the present petition may

kindly be disposed of having been not pressed any further.

Ordered accordingly.

November 25, 2024                        (HARSIMRAN SINGH SETHI)
kanchan                                           JUDGE

             Whether speaking/reasoned : Yes
             Whether reportable                 : No




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