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High Court of Punjab and HaryanaCWP/19658/2014dismissed

Randhir Singh v. State Of Haryana And ORS.

2023-04-24Mr. Justice Raj Mohan Singh3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 24.04.2023 RANDHIR SINGH ......Petitioner Vs STATE OF HARYANA AND ORS.

.....Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Arun Singla, Advocate for the petitioner.

Mr. Naveen Singh Panwar, D.A.G., Haryana.

Mr. Padamkant Dwivedi, Advocate for the respondents No.2 and 3.

Mr. Sanjeev Roy, Advocate for Mr. IPS Doabia, Advocate for the respondent No.4.

**** RAJ MOHAN SINGH, J.(Oral) [1].

The petitioner was working in a non-pensionable organisation from where he had retired on 01.05.1988 and joined the erstwhile Haryana State Electricity Board (for short 'the HSEB') on 05.05.1988. The experience certificate dated 01.05.1988 issued by the Executive Engineer, Power Central Division, Bhakra Beas Mananagment Board, Chandigarh (for short 'the BBMB') would show that the petitioner had worked as

 AFM(WC) from 10.07.1981 to 31.10.1983 and 01.11.1983 to 07.08.1986. The petitioner had worked as BBMB regular AFM since 08.08.1986 till the date of his resignation. Even the resignation tendered by the petitioner on 01.05.1988 would show that he had tendered his resignation on being selected as GTA in the HSEB.

[2].

Admittedly, the service tenure of the petitioner in the previous organisation i.e. BBMB was non-pensionable and even regular service in the said organisation could not have been counted towards pensionary benefits.

[3].

The petitioner had himself executed an affidavit on 16.03.2001 wherein he had mentioned that his case be reviewed at the age of 55 years for retention in the service as he had entered into in erstwhile HSEB after attaining the age of 35 years and his case was covered under 3.23(ii)(b) of the Civil Service Rules for reviewing the case after attaining the age of 55 years. The petitioner had joined the erstwhile HSEB on 05.08.1988. The date of birth of the petitioner was 01.02.1950 and he had entered the government service on attaining the age of 35 years.

[4].

The petitioner also gave undertaking to the effect that he will not claim any past service benefit rendered in the BBMB in case his case for retention in service is reviewed only after

 attaining the age of 55 years (instead of 50 years) as per Civil Service Rules.

[5].

At the time of appointment of the petitioner in the HSEB, it was a fresh appointment after his resignation was accepted by the previous organisation i.e. the BBMB, therefore, question of foregoing employer share of CPF with interest in the old organisation does not arise at all.

[6].

In view of aforesaid factual position of the case, no interference is called for in the present writ petition. The same is accordingly dismissed.

(RAJ MOHAN SINGH) April 24, 2023 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No