Satya Dev Parkash & ORS v. State Of Haryana & ORS

CWP No.5934 of 2009 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH
***** CWP No.5934 of 2009
Date of Decision : 18.5.2024
Satya Dev Parkash and others ..... Petitioners
versus
State of Haryana and others ..... Respondents
CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA
Present: Mr. Lajpat Rai Sharma, Advocate, for Mr. Vivek Khatri, Advocate, for the petitioners Mr. Suneel Ranga, DAG, Haryana
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TRIBHUVAN DAHIYA J. (ORAL):
The petition has been filed, inter alia, seeking a writ of mandamus directing the respondents to grant additional increment to the petitioners by counting their ad hoc service on completion of 8/18 years of service.

2.

Learned counsel for the petitioners fairly submits that the issue at hand stands decided against the petitioners in State of Haryana v. Haryana Veterinary and AHTS Association and another, (2000) 8 SCC 4, holding that ad hoc service cannot be counted towards service benefit and additional increments. He, however, contends that the petitioners have already superannuated from service and in terms of law laid down in State of Punjab and others v. Rafiq Masih (White washer) and others, 2015 (4) SCC 334, recovery of the benefit already given cannot be made. Ashwani Kumar 2024.05.20 17:58 I attest to the accuracy and integrity of this document

CWP No.5934 of 2009 -2-
3.

Learned State counsel is not in a position to dispute the settled preposition in law.

4.

The petition, accordingly, stands disposed of holding that the petitioners are not entitled to the benefit of additional increments on the basis of ad hoc service, however, the respondents shall not effect recovery of the benefit already given to them.

(TRIBHUVAN DAHIYA)
JUDGE 18.5.2024
Ashwani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Ashwani Kumar 2024.05.20 17:58 I attest to the accuracy and integrity of this document