High Court of Punjab and HaryanaCWP/8920/2024disposed of

Budh Ram (Deceased) Through Lrs v. State Of Punjab And Others

2025-01-16Mr. Justice Aman Chaudhary5 pages

CWP-8920-2024 (O&M) - 1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-8920-2024 (O&M) Date of decision: 16.01.2025 Budh Ram (Deceased) Through Lrs ....Petitioner

Versus

State of Punjab and Others

...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. Harbans Lal Sharma, Advocate for the petitioner

***** AMAN CHAUDHARY, J. (ORAL) 1.

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0# $ 2 "From Divisional Forests Officer, Sangrur.

To The Civil Surgeon, Sangrur.

Sub About Medical Examination That Sh. Budh Ram son of Sh. Chand Singh Village Ghanaur Kalan, District Sangrur has been working as Daily Wage Workers in the Forests Division Sangrur. This Forests Division is to consider him for recruitment of Beldar So, it is requested that he may be medically examined and medical fitness certificate as per the provisions of Rule 3.1 of Punjab Civil Service Rules Vol.1 Part -1 may kindly be issued. Sd Divisional Forests Officer

CWP-8920-2024 (O&M) - 3Sangrur. Endst.No. 5323 Dated 03.01.2017 A copy to Sh. Budh Ram son of Sh. Chand Singh Village Ghanaur Kalan, District Sangrur and by sending it is written to him that after getting himself examined the original medical report may be sent to this office.

Sd Divisional Forests Officer Sangrur.

Comrade Jagdish Chander Freedom Fighter Punjab Health System Corporation, Civil Hospital, Sangrur Book No.2934 Receipt No.055 Dated 12.1.17 Received rupees 300, from Sh./Smt. Budh Ram, 5984 regarding medical examination.

Rupees 300/- Sd Signature of receiver"

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State of Punjab and Others, CWP-192382013, decided on 26.02.2024, in particular to the following paras, that covers his case, which read thus:

"45. The State Government w.e.f. 01.01.2004 has stopped Pension Scheme and there is no contribution of petitioners and State in the contributory fund (New Pension Scheme), thus, in the present case, order to pay pension would not be practical as well as executable. It would be in the interest of justice and fitness of thing if petitioners who have superannuated or passed away after completing service of 20 years are extended benefit of minimum of pay scale plus dearness allowance and grade pay for the period beyond service of 10 years. Accordingly, State is directed to calculate its liability qua these petitioners and pay within 6 months from today.

46. As per few petitioners, they have completed service

CWP-8920-2024 (O&M) - 4of 10 years by 31.12.2006, however, respondent has either destroyed or fudged its record. The petitioners are having documentary evidence to prove that they had completed service of 10 years. The petitioners are at liberty to submit available evidence to the respondent who while deciding question of 10 years service shall consider it. Conclusion:

47. In the wake of above discussion and findings, this Court comes to conclusion as below:

i) This Court in the normal course cannot ask State to create or sanction posts.

ii) The petitioners who had completed service of 10 years by the end of December' 2006, either at present are in service or have already retired, are entitled to regular post and they cannot be denied regularization on the ground of lack of sanctioned post or minimum education qualification. To avoid burden on State exchequer, it is clarified that from the deemed date of their regularization, they shall be entitled to minimum of pay scale plus dearness allowance and grade pay till the date of this order and thereafter regular pay scale. iii) The petitioners who are still in service but did not complete service of 10 years by the end of December' 2006 would form part of dying cadre created by 2023 Policy. The State, in view of long service of these employees, would not insist for minimum qualification. They from the date of completing service of 10 years would be entitled to minimum of pay scale plus dearness allowance plus grade pay till the date they are regularized in terms of 2023 Policy.

iv) The petitioners who did not complete service of 10 years by the end of December' 2006 and during the pendency of present litigation have superannuated or passed away would be entitled to minimum of pay scale plus dearness allowance and grade pay from the date of completing service of 10 years till the date of their retirement or death.

v) The petitioners who have already been regularized by 31.12.2016 shall not be entitled to any additional financial benefit because they are already getting higher amount of salary for last couple of years. vi) The respondent-State shall not be liable to pay interest on arrears arising on account of re-fixation of pay."

The aforesaid facts having been brought out, during the course of

CWP-8920-2024 (O&M) - 5hearing, learned State counsel sought instructions and thus states that the respondents would not be averse to having a relook at the matter and decided afresh within a period of 6 months.

The matter stands disposed of accordingly and if the petitioner is found entitled, grant the benefit forthwith. Needless to say, if the orders are adverse to their interest, the same may be passed after granting opportunity of hearing to them and shall contain reason, whereupon the LRs of the petitioner shall be free to seek legal redress thereupon (AMAN CHAUDHARY) JUDGE 16.01.2025 M.Kamra Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No