High Court of Punjab and HaryanaCWP/14950/2024dismissed

Gian Singh v. State Of Haryana And Others

2024-07-04Mr. Justice Tribhuvan Dahiya2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Sr. No.: 112 Civil Writ Petition No.14950 of 2024 Date of Decision: July 04, 2024 Gian Singh ..... PETITIONER(S)

VERSUS

State of Haryana & others ..... RESPONDENT(S)

CORAM:

HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA PRESENT: - Mr. Vivek Salathia, Advocate, for the petitioner. Mr. R.S. Budhwar, Additional Advocate General, Haryana.

Tribhuvan Dahiya, J (Oral) The petition has been filed seeking a writ of mandamus directing the respondents to allow the petitioner to work on the post of Physical Training Instructor (PTI) upto the age of sixty years to enable him to complete five years of regular satisfactory service to claim retiral benefits. 2.

It is not disputed at the Bar that petitioner was appointed as PTI after due selection on 28.10.2020. He joined the service at the age of 54 years, 4 months and 13 days, and superannuated on attaining the prescribed age of 58 years on 30.06.2024 (wrongly mentioned in the petition as 30.06.2023), after rendering 3 years and 8 months of service. 3.

Learned counsel for the petitioner contends that the petitioner was not able to get retiral benefits of gratuity etc. and, therefore, should be allowed to continue in service atleast till the time he completes five years' tenure.

AVIN KUMAR 2024.07.05 12:00 I attest to the accuracy and integrity of this judgment/order.

CWP No.14950 of 2024 [2] 4.

The petitioner has already superannuated from service in accordance with Rules on attaining 58 years of age. No provision of law or precedent has been cited by the learned counsel which could entitle the petitioner to continue in service beyond the age of superannuation only for gaining eligibility to avail the retiral benefits. 5.

In view thereof, there is no ground to entertain the petition. 6.

Dismissed in limine.

(Tribhuvan Dahiya) Judge July 04, 2024 avin Whether Speaking/ Reasoned:

Yes/ No Whether Reportable:

Yes/ No AVIN KUMAR 2024.07.05 12:00 I attest to the accuracy and integrity of this judgment/order.