STATE OF HA F HARYANA AND OTHERS v. s
Case Details
LPA-3358-2024 024 (O&M) 108 Page 1 of 5 IN THE THE HIGH COURT OF PUNJAB ARH CHANDIGARH NJAB AND HARYANA AT LPA-3358-2024 (O&M) M) 2025 Date of Decision: 08.01.2025 STATE OF HA F HARYANA AND OTHERS Vs. s . . . . Appellants SHAN KUMARI SINCE DECEASED ASED THROUGH HER LR AND SUDARSHAN ANOTHER **** s . . . . Respondents CORAM: HO HON’BLE MR. JUSTICE SANJ HON’BLE MRS. JUSTICE MEE HO SANJEEV PRAKASH SHARMA MEENAKSHI I. MEHTA Mr. Sanjeev Kaushik, Addl. A.G., Present: M for the appellants. for A.G., Haryana **** SANJEEV PR ral) V PRAKASH SHARMA, J.(Oral) **** CM-8299-LPA LPA-2024 Application for condonation of de Ap g of of delay of 300 days in re-filing of appeal is allow allowed, and accordingly delay is con is condoned. CM-8301-LPA LPA-2024 Application for condonation of d Ap g of n of delay of 27 days in filing of appeal is allow allowed, and accordingly delay is con is condoned. Main case 1. The pres e present LPA assails the order dat the er dated 14.11.2023 passed by the Single Ju ngle Judge whereby the petition of the r was of the respondent/writ petitioner was allowed owed directing the appellants (respo t the spondents therein) to grant the benefit o nefit of service rendered by the pe t of the petitioner with Government of MOHIT GOYAL 2025.01.09 10:02 I attest to the accuracy and integrity of this document LPA-3358-2024 024 (O&M) Page 2 of 5 Punjab fo njab for the period from 06.05.1970 to pose 970 to 01.09.1974 as for the purpose of count counting the total qualifying servic and service for release of pension and retiral be iral benefits. 2. Learned arned counsel for the appellants sub ingle ts submits that the learned Single Judge ha dge has relied on Rule 3.17 of the Pu ) Punjab Civil Services (Pension) Rules w which were adopted by the Har ever, e Haryana Government. However, Haryana ryana Civil Services (Pension) Rules and Rules, 2016 have been framed and the same same were required to be relied on. 3. We have e have carefully considered the Hary sion) e Haryana Civil Services (Pension) Rules, 20 les, 2016. Rule 15 provides benefit o sion nefit of past service towards pension and reads d reads as under: “15. Benefit of past service to ce towards pension.― (A) On appointment from any any other Government to Haryana Government─ Ha (1) A Government employee o yee of Central or any other State Government (except Jammu Sta mmu and Kashmir) who covered under the pension rules there co there, on his─ (a) permanent transfer; or nt, (b) subsequent appointment, shall be entitled to get the be e benefit of past qualifying service towards pension duly verif se verified by the competent authority of his previous Gover au overnment; provided he submitted his application through pro su h proper channel. (B) On appointment from a pensionable fr organization or to a departmen tment under Haryana Government─ Go On absorption or subsequen quent appointment of an employee from a pensionable─ em MOHIT GOYAL 2025.01.09 10:02 I attest to the accuracy and integrity of this document LPA-3358-2024 024 (O&M) Page 3 of 5 (a) Organization to a dep department both under Haryana Government or vice-versa; Ha rsa; or (b) Statutory body only under nder GOI to a department of Haryana Government or vice-vers of versa, the benefit of past qualify alifying service shall be admissible subject to conditions that ad that─ (i) the terminal benefits of p of past qualifying service, received if any, from the previous O rec Organization shall have to be deposited in the Consolidated to ted Fund of Haryana with interest, at the rate(s) as applicable int able to General Provident Fund. The interest shall be levied at Fu d at the rate applicable on General Provident Fund accumulat Ge ulation from time to time computed co in nner the same manner (i.e. with annual compounding), from the date of co of joining service under Haryana Government to the date o Ha ate of deposit in the state exchequer; and ex (ii) the application has be been submitted through proper channel in case of subsequent pr uent appointment. (C) On appointment from from one department to ─ another of Haryana Government─ an On appointment from one d ne department to another department of Haryana, the bene de benefit of past qualifying service towards pension shall be ad se e admissible provided it is certified by the Head of Departmen ce tment that the application for new/subsequent appointment w for nt was submitted through proper channel. pr (D) On appointment from rom pensionable to non- pensionable organization ─ pe On permanent absorptio rption or subsequent appointment of a Government emplo ap mployee from a department to a non-pensionable organizatio to ization under any State Government or Government of India Go India, pro-rata pensionary benefits shall, in lump sum or oth be otherwise as per option MOHIT GOYAL 2025.01.09 10:02 I attest to the accuracy and integrity of this document LPA-3358-2024 024 (O&M) Page 4 of 5 exercised by the concerned Gove ex overnment employee, be admissible of the qualifying ser ad service rendered before permanent absorption or subsequen pe quent appointment, as the case may be, provided the applicati ca ication has been submitted through proper channel. The pro-ra thr rata pensionary benefits shall be payable from the date of pe sh f permanent absorption or subsequent appointment and shall su all be released within six months from the date of submission mo ion of documents complete in all respects required for the purpo in urpose. The incumbent has to resign from service which will be to ll be a technical formality. No family pension shall be admiss No missible in case of death after the date of permanent abso aft absorption or subsequent appointment.” ap 4. Thus, the us, the aforesaid Rule is pari materia d by teria to the Rule 3.17 as quoted by the learn learned Single Judge, and we there elves therefore need not keep ourselves further to rther to delve into the issue. 5. Admitted mittedly, the petitioner has served w njab with the Government of Punjab from 06. m 06.05.1970 to 01.09.1974, wherea ution hereafter she joined the institution with the th the Government of Haryana on 02. reak. on 02.09.1974 and there is no break. She ther e thereafter continued and was ag er in as again appointed as Lecturer in Chemistr emistry on 14.07.1979. Thus, there is f the ere is continuous employment of the petitione titioner all the way from 06.05.1970 after .1970 to 01.09.1974, and thereafter with the th the State of Haryana. 6. The resig e resignation, if any, which she would g the would have given while leaving the Governm vernment of Punjab would be treated , and reated as a technical resignation, and her servi r services would have to be therefore c 15 of efore counted in terms of Rule 15 of the Hary Haryana Civil Services (Pension) Rul n) Rules, 2016. MOHIT GOYAL 2025.01.09 10:02 I attest to the accuracy and integrity of this document LPA-3358-2024 024 (O&M) Page 5 of 5 7. Accordin cordingly, the order and relief granted s not ranted by the Single Judge does not warrant a rrant any interference. 8. It is mad is made clear that if the petitioner ha tuity ner has received amount of gratuity from the m the State of Punjab, she will have h the l have to deposit the same with the Governm vernment of Haryana for the purpose rpose of counting the said service. 9. LPA is A is dismissed with the aforesaid obse id observations. 10. All pend ll pending applications also stand dispo
Decision
d disposed of accordingly. (SANJE ANJEEV PRAKASH SHARMA) JUDGE MEENAKSHI I. MEHTA) (ME JUDGE 08.01.2025 Mohit goyal 1. Whether 2. Whether ther speaking/reasoned? ther reportable? Ye Yes/No Yes/No Ye MOHIT GOYAL 2025.01.09 10:02 I attest to the accuracy and integrity of this document