Ashok Kumar v. State Of Haryana And ORS.

C. W. P. No. 23940 of 2013

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Case No. : C. W. P. No. 23940 of 2013 Date of Decision : November 27, 2015 Ashok Kumar ....

Petitioner vs.

State of Haryana and another ....

Respondents CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL.

* * * To be referred to Reporters or not ?

Whether the judgment should be reported in the digest ? * * * Present :

Mr. Parminder Singh, Advocate for the petitioner.

Ms. Shruti Jain Goyal, AAG, Haryana.

* * * DEEPAK SIBAL , J.

:

Through the present petition, the petitioner seeks the issuance of a direction to the respondents to count the service rendered by him from 05.02.1981 to 22.03.1984 for the purpose of pension, with all consequential benefits.

The issue raised in the present petition is grossly belated. For counting his service between 05.02.1981 and 22.03.1984 for the purpose of pension, the petitioner had approached the Court for the first time in the year 2011 i.e. after 27 years and this writ petition has been filed in the year 2013 i.e. after 29 years. The delay is unexplained. MONIKA 2015.12.01 15:33 I attest to the accuracy and authenticity of this document

C. W. P. No. 23940 of 2013 Even otherwise, it is the uncontroverted position, as no replication has been filed to the written statement filed on behalf of the State that the service rendered by the petitioner between 05.02.1981 and 22.03.1984 was under a Project known as Drought Prone Area Programme run by the District Rural Development Agency (DRDA), on a purely temporary basis for a period of six months at a time and on the completion of the Project, he was retrenched on 22.03.1984. The service of the petitioner for the period in question being under a Project being run by the DRDA and not being under the Government of Haryana or any of its instrumentalities, cannot be allowed to be counted towards pension.

Consequently, on the ground of delay, as also on merits, the petition deserves to be dismissed.

Ordered accordingly.

( DEEPAK SIBAL ) JUDGE November 27, 2015 monika MONIKA 2015.12.01 15:33 I attest to the accuracy and authenticity of this document