Joginder Singh And ORS v. State Of Haryana And Others

       

    

!"

# $%&%!' ())



















   * +, *) - - - ,, 


 


! "#

 
!$
$

! "# 


 
% 
&  
'!(
 
 
!

) 
! "# 

 
*+
- - ,,

.

)

/,0 & ,, 





 



#



   


 







--+.- 



#,

/



, in pursuance of the order dated 20.02.2019 (Annexure P-2), and to grant other benefits, including the opening of GPF accounts.

Learned counsel for the petitioners contends that the petitioners, who are/were Class-IV employees, had completed over 10 years of service and, therefore, their services were regularized w.e.f. 01.04.2011 as per the letter dated 21.05.2012 (Annexure P-1). Learned counsel relies upon the judgment passed in CWP-1048-2016, titled as 'Jai Bhagwan Vs. State of Haryana and others', decided on 01.03.2019

. (Annexure P-3), to contend that the petitioners are entitled to the benefit of Old Pension Scheme and to the regular pay scale w.e.f. 1999.
# ,



#  



  
"

,

 
1


,

1

'"


& 
 &2.34.--
,

5 1
0,



1



5


3-6.--
1
#
 

#

$,




 


#$

*

 
# $
1





/


#$

 #

*

 
# $
,,
,
"

7,
 
# $ 
0
# ,


#  




1
$
1




8,








7,
 
# $
$
1
 



7




,
# ,

1


$ 

,
# ,


1$
  ,
34!
9:
9:


1
&",


, 
,;;
9 ,#1,

 :
 ##,,
 " 
 
,

,

$
,
 





1

#)  
 
,
 
, 


,#1,

 $,








$,$ 
 

3..--<




#  






/

.-
 


#$
  #




,#
# ,


 
*+
1$


, #,$


#$ 


$

 
#  


#
#
1
) 
1

 
*+
I have heard the learned counsel for the parties.

3 Indisputably, the petitioners had been appointed on part-time basis. Their services were regularized on the posts of Class-IV in 2011. The petitioners had continuously worked for about two decades on parttime basis. The said service is to be treated as a long term employment for all intents and purposes. Therefore, the same cannot be termed as 'engaged only for contingencies' and it cannot be ignored while computing the pensionary benefits.

!
& 

,

&2=.=.-<
,


5%, 





5


4-3.-<
 $


$,
# #$# 
 





,,
1

,

#




#$
  >

 


0!
*+.=.-=


  $ 

"



6-3.-=

1

'"

 
& 


0!

1


$ >
'"


 
& 

 1
0,5
#

9 :
,




 

  

                         

     



               !""# $     % &  '   (   )  *  +, - )&.              )/

 0    *      ""!""# 

    $

   

, - )&!    )/

( *   %      

   1 2"3!""

+, - )&2.

+ $        0) *               

 

       )/

0 *   !""# 4   

    

,                  5                                   2"3!""

+, - )&2.    (  ) *   

      

5!""# 

   

      6           

    -   



          7 *

, 

$ 




#
$

1

'"

"


,


51, 

$

&  !
& 

,


$,

# "



&2-+6.-=
,

5



 


5


--3.-?

#
1 #


,
1
"

1

*

& 1   
# $

"

#
 



/




.-. ;

,

1
,
# ,



 
"

 


0!
*6?..-?




  $ 

--3.-?
 



1


 
,,
 
>
# 
"






 $ 


  $ $,$ 

#
#
 




1
) 


< ##

 

  ;
"

1"



,





,


 
#$

$


1

 8,


 

  In view of the above settled position in law, the present writ petition is allowed. The respondents are directed to consider the case of the petitioners under the Old Pension Scheme from the date they had initially joined the Department, at the earliest.

())



/- - ,,0  "


)$

 

 @ )A
@*

 1, A
@*