Manohar Lal And Another vs State Of Haryana And Others
2024 Latest Caselaw 16117 P&H

Punjab-Haryana High Court

Manohar Lal And Another vs State Of Haryana And Others on 3 September, 2024

                         IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
                       Sr. No.: 107
                                                             Civil Writ Petition No.17338 of 2024
                                                             Date of Decision: September 03, 2024

                       Manohar Lal & another
                                                                              ..... PETITIONER(S)
                                                        VERSUS
                       State of Haryana & others
                                                                            ..... RESPONDENT(S)


                       CORAM:          HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA


                       PRESENT: - Ms. Ishita Negi, Advocate, for the petitioners.

                                       Mr. Krishan K. Chahal, Additional Advocate General,
                                       Haryana.



                        Tribhuvan Dahiya, J (Oral)

The petition has been filed, inter alia, seeking a writ of

certiorari quashing the order, dated 18.01.2021, Annexure P-6, whereby the

petitioners' claim for benefit of Old Pension Scheme has been declined by the

respondents.

2. As per facts mentioned in the petition, petitioner no.1 was

appointed as part time Peon on 01.05.1990, and regularised as Class IV

employee with effect from 27.05.2006; he retired from service from

GMSSSS, Kyodak. Husband of petitioner no.2 was appointed as part time

Waterman -cum-Mali on 01.04.1988, and regularised in service as Class IV

employee with effect from 15.05.2006; he retired from service from GPS,

Rajaund, and died later. His widow is claiming family pension.

3. It is contended that the petitioners are entitled to

pension/Family Pension in terms of law laid down by this Court in Civil Writ

Petition No.1048 of 2016 titled Jai Bhagwan vs. State of Haryana & others,

holding that such employees are entitled to pensionary benefits under the Old

Pension Scheme by computing their temporary/part-time service from the date

of initial appointment. Appeal against the judgment stands dismissed by the

Division Bench alongwith connected maters, vide decision dated 26.07.2024

rendered in LPA No.1892 of 2019 titled State of Haryana & others vs. Jai

Bhagwan.

4. Learned State counsel does not dispute that the petitioners are

similarly placed as the petitioners in Jai Bhagwan case. He, however,

contends that SLP against the judgment passed by the Division Bench, dated

26.07.2024, has been filed in Supreme Court which is still to be listed.

5. In view thereof, the instant petition is allowed in terms of Jai

Bhagwan case.

                                                                       (Tribhuvan Dahiya)
                                                                             Judge
                       September 03, 2024
                       avin




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