Kamlesh Kumari v. State Of Haryana And ORS.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP-13258-1997 (O&M) Date of Decision: 05.05.2022 Kamlesh Kumari

...Petitioner

Vs.

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Ramesh Hooda, Advocate, For the petitioner.

Mr. R.D. Sharma, DAG, Haryana.

*** ARUN MONGA, J. (ORAL) Petition herein, inter alia, is for issuance of a writ in the nature of mandamus directing the respondents to count the service of the petitioner w.e.f. 24.01.1992 to 02.05.1994 rendered on ad hoc basis towards increment. 2.

Before adverting on the merits of claim, reference may first be had to the Rule 4.4 (b) of Punjab Civil Services Rules, Volume-I which was holding the field at the relevant time. For ready reference, relevant thereof is extracted herein below:-
    

 

             

        

    







  

 



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3.

To be noted that the aforesaid Punjab Civil Services Rules Volume-I were repealed with effect from 19.07.2016 when Haryana Civil Services Rules 2016 were promulgated by the State of Haryana. Perusal of Rule 4.4(b) ibid would reveal that petitioner is indeed entitled to the increment for the period she had rendered services on ad hoc. It is well settled principle of service jurisprudence that a right which had crystallized by virtue of applicable rules at the relevant time cannot be subsequently taken away merely on the ground that there has been either an amendment and/or repeal of the applicable rules. 4.

In any case, it is not even the case of the State that when Haryana Civil Services Rules, 2016 were promulgated with effect from 19.07.2016, the same came into effect with retrospective effect. Vide subsequent Haryana Civil Services Rules, 2016, the earlier Punjab Civil Services Rules were merely repealed and, therefore, during the period the same held the field, an employee is entitled to be given benefit in accordance thereof.

5.

As an upshot of my discussion above, writ petition is disposed of with direction the respondents to re-consider the case of the petitioner in accordance with the applicable rules at the relevant time i.e. Punjab Civil Services Rules, Volume-I and pass fresh appropriate administrative orders according her the benefit of additional increment as per her entitlement vis-à-vis the period of ad hoc service rendered by her.

6.

Necessary exercise be carried out within a period of two months of the petitioner approaching the respondents with certified copy of this order. (ARUN MONGA) JUDGE May 5, 2022 Vandana Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No