Jugti Ram v. State of Haryana & Ors.

HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE MOHINDER PAL PRESENT: Mr.R.K.Rana, Advocate for the petitioner. Mr.Ajay Gupta, Senior Deputy Advocate General, Haryana for respondents No.1 to 4. Mr.Vivek Khatri, Advocate for respondent No.5. HEMANT GUPTA, J. The petitioner was working as Assistant Manager in the office of Narnaul Co-operative Marketing C/P Society Limited, Narnaul. He was absorbed in the Haryana State Cooperative Supply and Marketing Federation Limited, Panchkula (hereinafter referred to as 'HAFED') vide letter dated 11.03.2002. In pursuance of such absorption, the petitioner joined the services of HAFED on 11.03.2002. It is the case of the petitioner that in terms of conditions of absorption, he is not entitled to any benefit of past service rendered in Cooperative Marketing Societies. Therefore, the petitioner is entitled to CWP No.572 of 2006 2 gratuity as well as benefit of earned leave encashment from the Primary Cooperative Society i.e. Respondent No.5. Learned counsel for the petitioner relies upon Rule 14 of the Primary Cooperative Credit & Services Societies Staff Services Rules, 1992 which contemplates that 15 days earned leave in a year at the rate of one earned leave for 24 days active duty. For the purposes of gratuity, he relies upon the provisions of Payment of Gratuity Act, 1972. It may be noticed that the petitioner is still working with HAFED and has about 9 years to go before attaining the age of superannuation. Learned counsel representing respondent No.5 states that the matter was referred to Registrar Cooperative Societies for clarification as the service Rules of the year, 1992 does not specifically deal with encashment of earned leave or for payment of gratuity to an employee, who has been absorbed in HAFED but no such decision has been communicated by the Registrar. It is contended that in the absence of any provisions in the Rules, the petitioner was not entitled to such benefits and in any case at this stage. In view of the said facts, we dispose of the present writ petition with direction to the Registrar Cooperative Societies to take final decision in the matter, preferably within a period of 6 months. With the said directions, the writ petition stands disposed of. (HEMANT GUPTA) JUDGE May 06, 2008 ( MOHINDER PAL ) JUDGE CWP No.572 of 2006 3