Prithvi Singh v. State of Haryana and Another

IN

Prithvi Singh

State of Haryana CORAM: HO

Present : Mr

Mr AMAN CHAUD

1.

Pra services rendere and other retiral

2.

Lea this Court in Ka decided on 14 department, aga fours. Relevant

THE HIGH COURT OF PUN AT CHANDIGA

Versus a and Others

ON'BLE MR. JUSTICE AMAN r. Ravinder Malik, Advocate for r. Tapan Kumar, DAG, Haryana. ***** DHARY, J. (ORAL) ayer made in the present petition ed by the petitioner w.e.f. 20.04. l benefits. arned counsel for the petitioner ashmiri Devi vs. State of Hary

4.02.2017, involving the iden ainst which there is no LPA filed paras whereof read thus:

"The question before spells of the ad hoc service petitioner, as reproduced ab months and 20 days, are to b for the pensionary service or

Rule 3.17A of the Pun II, Chapter III, which deal pension, is reproduced as und

3.17-A. (a) All service inter

NJAB & HARYANA ARH CWP-13428-2020 (O&M) Date of decision: 09.08.2024

...Petitioner

...Respondents N CHAUDHARY

the petitioner.

n is for granting benefit of ad-h 1973 to 11.09.1978 for pensiona relies on the judgment passed ana and others, CWP-3295-20 ntical issue regarding the sam d and which covers his case on this Court is as to whether tw e rendered by the husband of t bove, which are about 10 years be computed as a period qualifyi not? njab Civil Services Rules Volum s with the service qualifying der:- rrupted or continuous followed

ary by 11, me all wo s 6 me for

confirmation shall be treated of break shall be omitted wh

(b) Extraordinary leave coun

4.9 (b) (ii) of Punjab Civil will be accounted towards se

(c) Periods of suspension, retirement followed by reins the extent permissible under Rules Volume-II read with Services Rules, Volume-I, Pa

(d) Resignation from the pub from it for misconduct, ins age, or failure to pass a p forfeiture of past service in Civil Service Rules Volume-

(e) An interruption in the se caused by wilful absence fro without leave will as hithert [Explanation.— The willful Government employee by strike shall be deemed to be w

(f) Employees retiring fro confirmation (as temporary e 5 February, 1969 will b superannuation pension and the same basis as admissible of death of temporary emplo be entitled to similar benefit of permanent employees. Th apply to:

(i) Persons paid from contin period of service of such rendered from 1st January, records of service is availab subject to the following cond

(a) Service paid from contin involving whole time empl portion of day,

(b) Service paid from cont work or job for which sanctioned e.g. Malis, Chowk

(c) The service should have b made either on monthly or d monthly basis and which th scale of pay should bear som

d as qualifying service; the peri hile working out aggregate servi nted towards increments under ru Services Rules, Volume-I, Part ervice qualifying for pension. dismissal, removal, compulso statement will count for pension rule 4.17 of Punjab Civil Servic h rule 7.3 of the Punjab Ci art-I. blic service or dismissal or remov solvency, inefficiency, not due prescribed examination will ent n terms of rule 4.19 (a) of Punj -II. ervice of a Government employ om duty and unauthorized absen to entail forfeiture of past servi l refusal to perform duties by any means including pen dow willful absence from duty.]2 om Government service witho employees) in any post on or af be entitled to invalid/ retirin d death-cum-retirement gratuity e to permanent employees. In ca oyee in service his family will a ts as are admissible to the famil his concession will, however, n ngencies; provided that half of t persons paid from contingenc 1973 onwards for which authen ble will count as qualifying serv ditions:- ngencies should have been in a j loyment and not part time for ingencies should be in a type regular post should have be kidars, Khalasis etc. been such for which the payment daily rates computed and paid on hough not analogous to the regu me relations in the matter of pay

iod ice. ule t-I, ory n to ces ivil val to tail jab yee nce ice. y a wn out fter ng/ on ase also lies cies ntic job r a of t is n a ular

those being paid for similar regular establishments; and

(d) The service paid from continuous and followed by without a break. Note.─ While bringing conti establishment an entry for should be made at the appr preferably before making service in the following mann "Service from __________ contingencies verified from of contingent bills". This ent Office with date.

(ii) [Deleted].

(iii) Casual Labour;

(iv) Contract Officer; and [(v) Persons born on Establishment.] [(g) The entire service ren charged shall be reckone provided─

(i) such service is followed b

(ii) there is no interruption in or the interruptions fall withi

(iii) such service is a whole t or portion of day.]

Under this Rule all the followed by confirmation sh for pensionary benefits. The while working out the aggreg

Rule 4.23, which fal Additions to Service Qualif and which deals with condon service is reproduced below:

4.23 Interruption in servic permanent, or temporary temporary service and perm case of an officer retiring o may be condoned, subjec namely:-

(1) The interruption should beyond the control of Govern

(2) Service preceding the in five years' duration. In cas

r jobs being performed by staff contingencies should have be absorption in regular employme ingent paid employee to the regu verification of contingent serv ropriate place in his service boo any entry regarding his regu ner:- _ to ___________ paid out acquittance rolls and office cop try should be signed by the Head Contributory Provident Fu ndered by an employee as wo ed towards retirement benef by regular employment; n the two or more spells of serv in condonable limits; and time employment and not part-tim e interrupted or continuous serv hall be treated as qualifying serv e period of break shall be omitt gate service. lls under the Chapter of Spec fying for Superannuation Pensi nation of breaks and deficiencies - ce (either between two spells service or between a spell manent service or vice versa) in t on or after the 5th January, 196 ct to the following conditio d have been caused by reaso nment employee concerned. nterruption should not be less th ses where there are two or mo

f in ent ular ok, ular of pies d of und ork fits me ted cial ion s in of of 61, ns, ons han

interruptions, the total servic which shall be lost if the int not be less than five years.

(3) The interruption should duration. In cases where the the total period of all interru exceed one year.

A perusal of Rule 4.23 condonation of interruptions temporary service, which fo is less than one year only the and ignoring that interruptio treated as qualifying for pen the ad hoc service itself. Ru interrupted or continuous fo treated as qualifying service the break shall be omitted service. It means that if the b not condoned under Rule 4.2 computing aggregate servic the provisions shows that in regular service is less than on and even that interrupted per service for the pension. If th not condonable under Rule 4 has to be excluded while qualified for pension. It wi conclude as done by the Sta than one year the entire ad computing the qualifying ser done by the State while passi

The matter was consid Court in Shanno Devi vs. Sta PLR 773, wherein, while con observed as under:-

¶7A perusal of the impugned P3, would reveal that the rejected in the light of Ru Rules, Vol.II holding that in spells can be condoned if the less than five years and int spells should not be more th of Rule 4.23, a view has service of the petitioner prio years and the interruption

ce, pensionary benefits in respect terruption are not condoned shou d not be of more than one ye ere are two or more interruptio uptions to be condoned should n 3 shows that it primarily deals w s in two spells of permanent a ollows that in case the interrupti en the said period can be condon on the said gap period is also to nsion. It is different from counti Rule 3.17A shows that all servic ollowed by confirmation are to e. While counting the said perio while working out the aggreg break is more than one year and 23, same has to be excluded wh e. A harmonious reading of bo case the gap of ad hoc service a ne year, the same can be condon riod can be computed as qualifyi he gap is more than one year and

4.23 then that period of interrupti computing the aggregate serv ill amount to be going too far ate that if the interruption is mo hoc service is to excluded wh rvice for pension. This was exac ing the impugned order/ letter. dered by a coordinate bench of t ate of Haryana and others, 2013 nsidering the said two Rules, it w d order dated 17.6.2011, Annexu claim of the petitioner has be ule 4.23 of Punjab Civil Servic nterruption in service between tw e service prior to interruption is n terruption in service between tw han one year's duration. In the lig been taken that since the adh or to interruption is less than f itself between the two spells

t of uld ars ons, with and ion ned be ces be od, ate d is hile oth and ned d is ion to ore hile ctly this

(2) was ure ces wo wo ght five

service is more than one year by the petitioner on adhoc

5.8.1978 cannot be conside purposes of pension and grat

¶8I find that the respond impugned order dated 17.6. proceeded on an erroneous Punjab Civil Services Rul Condonation of Interrup interruption in service as re spell of adhoc service and p condonable as the adhoc s preceding the interruption wa such interruption itself was m that as it may, the claim of condonation of such interr between the initial adhoc se regular service. Rather the c the adhoc service rendered b

5.8.1978 towards qualifying of break. Such claim of the in the light of Rule 3.17-A

Undoubtedly, there w of the petitioner because h terminated due to the abolitio to be blamed for the same.

As a result of the for allowed. Ad hoc service of h as Sub Inspector from 12

9.4.1973 to 11.9.1978, only service for the pension. Tw service and permanent ser computing qualifying servi service shall be computed Consequently, the impugned P2) and the impugned letter hereby quashed. Responden retiral and pensionary bene same to the petitioner withi receipt of a certified copy of

So far as interest on th without computing the ad petitioner is concerned, th interest @ 9% per annum on of pension, starting three mo

r, accordingly, the service render basis for the period 21.2.1974 ered as qualifying service for t tuity. dent-authorities while passing t .2011, Annexure P3, have clea premise. Rule 4.23 contained es, Chapter IV, Vol.II regula ptions and Deficiencies. T egards the petitioner between t permanent service was clearly n ervice rendered by the petition as less than five years duration a more than a period of one year. f the petitioner was not as regar ruption in service i.e. the peri ervice and followed by permane laim of the petitioner was to cou by her for the period 21.2.1974 service and by omitting the peri petitioner stands squarely cover A of Punjab Civil Services Rul as no fault on the part of husba his earlier ad hoc services w on of the post. Therefore, he is n

regoing discussion, the petition husband of the petitioner render

2.5.1967 to 24.6.1972 and fro y is to be computed as qualifyi wo spells of gap between ad h rvice are to be excluded wh ice and only the said period d as qualifying for the pensio d order dated 23.7.2008 (Annexu dated 9.9.2010 (Annexure P3) nts are directed to re-calculate t efits accordingly and release t in three months from the date f this order. he previous benefits released to h hoc service of husband of t he petitioner shall be entitled n the gratuity and commuted val onths from the date of death of h

red to arly in ates The ner and Be rds iod ent unt 4 to iod red les. and ere n is red om hile of on. ure are of her to lue

3.

Lea controvert the aforementioned

4.

In v of the judgment

09.08.2024 ashok

Whether s

Whether r

husband i.e. 1.4.2009 till additional payment after co the same shall be released starting three months from th the petitioner till the date of p arned State counsel despite factual position and draw ou judgment or cite any contrary la view of the aforesaid, the presen passed in Kashmiri Devi (supra

(A

speaking/reasoned

: reportable

:

the date of payment. So far mputing the arrears is concern with interest @ 9% per annu he date of retirement of husband payment." his best efforts was unable ut any distinctive aspects in t aw. nt petition is disposed of, in ter a). AMAN CHAUDHARY)

JUDGE

as ed, um d of to