Saroj Bala Deswal v. State Of Haryana And Others


























































 
 

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14. Service qualifying for pension.―

(1) The term 'qualifying service' has been defined in Chapter 2 of these rules. In addition, the following periods of service rendered by a Government employee appointed on regular basis shall also be qualified for pension :

(a) Duty period of foreign service; provided the pension contribution has been made to the parent department.

(b) The period of suspension, dismissal, removal, compulsory retirement, followed by re instatement and treated as duty or such period allowed to be converted into leave of the kind due, shall also qualify for pension upto the extent it is admissible under the rules.

(c) Any other period of service treated as duty for the purpose of pension by the competent authority.

(d) The period of departmental training, followed immediately by regular appointment, which is required to undergo before appointment on regular basis even if instead of entry level pay a nominal allowance is allowed during the period













































of training.

Note.▬ The period of dies non, if any, shall not be treated as qualifying for pension.

(2) Save as otherwise provided in these rules, all regular service interrupted or continuous in one or more Departments of Haryana Government shall be treated as qualifying service for pension subject to provision in rule 15 and the following conditions:

(i) The interruption shall have been caused by reasons beyond the control of the Government employee;

(ii) Service preceding the interruption shall be minimum of two years or more; (iii) The interruption shall not be more than one year's duration. The adhoc service followed by regularization shall also be counted as qualifying service for pension subject to provision of rule 15. The period of break between two or more spells of service shall be omitted subject to provision in sub rule (2) above. (4) The service paid from contingencies followed by regularization rendered by a Government employee retiring from service on or after the 12th December,1997 shall count as qualifying service provided the service shall have been─ (i) in a job involving whole time employment and not part time for a portion of day;

(ii) in a type of work or job for which regular post would have been sanctioned; (iii) such for which the payment is made either on monthly or daily rates computed and paid on a monthly basis and which though not analogous to the regular scale of pay/ pay structure shall bear some relations in the matter of pay to those being paid for similar jobs being performed by staff in regular establishments; and (iv) continuous and followed by absorption in regular employment without a break. Note.▬ While bringing contingent paid employee to the regular establishment following entry for verification of contingent service shall be made at the appropriate place in his service book : "Service from __________ to___________ paid out of contingencies verified from acquaintance rolls and office copies of contingent bills". Above entry shall be signed by the Head of office with date.

(5) The entire service rendered by an employee as work charged shall be reckoned towards pension provided─ (i) such service is followed by regular employment; (ii) period of break between two or more spells of service shall be omitted subject to provision in sub rule (2) above.

(iii) such service is a whole time employment and not part time or portion of day.

15.Benefit of past service towards pension.― (A) On appointment from any other Government to Haryana Government─

(1) A Government employee of Central or any other State Government (except Jammu and Kashmir) who covered under the pension rules there, on his─ (a) permanent transfer; or (b) subsequent appointment, shall be entitled to get the benefit of past qualifying service towards pension duly verified by the competent authority of his previous Government; provided he submitted his application through proper channel. Note 1.▬ For getting the benefit of past qualifying service, the Government employee shall have to submit an application to the competent authority within one year from the date of joining service in Haryana Government. Note 2.

▬ Certificate regarding qualifying service rendered by the Government employee shall be obtained from the competent authority after permanent transfer or subsequent appointment, as the case may be, and not at the time of retirement. Note 3.













































employee permanently belongs at the time of retirement. (See also Appendix 5 of Government Accounting Rules, 1990).

Note 4.▬ Competent authority to grant the benefit of past qualifying service towards pension admissible under this rule shall be the Administrative Department in consultation with the Finance Department. (B) On appointment from a pensionable organization to a department under Haryana Government─ On absorption or subsequent appointment of an employee from a pensionable─ (a) Organization to a department both under Haryana Government or vice versa;

or (b) Statutory body only under GOI to a department of Haryana Government or vice versa, the benefit of past qualifying service shall be admissible subject to conditions that─ (i) the terminal benefits of past qualifying service, received if any, from the previous Organization shall have to be deposited in the Consolidated Fund of Haryana with interest, at the rate(s) as applicable to General Provident Fund. The interest shall be levied at the rate applicable on General Provident Fund accumulation from time to time computed in the same manner (i.e. with annual compounding), from the date of joining service under Haryana Government to the date of deposit in the state exchequer; and (ii) the application has been submitted through proper channel in case of subsequent appointment. Note.

▬ For competent authority see Note 4 of sub rule (A) above. (C) On appointment from one department to another of Haryana Government─ On appointment from one department to another department of Haryana, the benefit of past qualifying service towards pension shall be admissible provided it is certified by the Head of Department that the application for new/subsequent appointment was submitted through proper channel.

(D) On appointment from pensionable to non pensionable organization ─ On permanent absorption or subsequent appointment of a Government employee from a department to a non pensionable organization under any State Government or Government of India, pro rata pensionary benefits shall, in lump sum or otherwise as per option exercised by the concerned Government employee, be admissible of the qualifying service rendered before permanent absorption or subsequent appointment, as the case may be, provided the application has been submitted through proper channel. The pro rata pensionary benefits shall be payable from the date of permanent absorption or subsequent appointment and shall be released within six months from the date of submission of documents complete in all respects required for the purpose.

The incumbent has to resign from service which will be a technical formality. No family pension shall be admissible in case of death after the date of permanent absorption or subsequent appointment. Note.▬ The competent authority for this purpose shall be the appointing authority or Head of Department, whichever is higher."


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2
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J.S. Cheema Vs. State of Haryana, 2014(13) RCR (Civil) 355, wherein, it has been
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J.S. Cheema's case (supra) 


@ "The jurisprudential basis for grant of interest is the fact that one person's money has been used by somebody else. It is in that sense rent for the usage of money. If the user is compounded by any negligence on the part of the person with whom the money is lying it may result in higher rate because then it can also include the component of damages (in the form of interest). In the circumstances, even if there is no negligence on the part of the State it cannot be denied that money which rightly belonged to the petitioner was in the custody of the State and was being used by it."













































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