Brijpal Sharma v. State Of Haryana And ORS.

CM-11626-CWP-2019 in/and -1CWP-5496-2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CM-11626-CWP-2019 in/and CWP-5496-2017 Date of decision: - 30.08.2019 Brijpal Sharma ....Petitioner

Versus

State of Haryana and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: - Mr. Gaurav Tyagi, Advocate for the petitioner.

Ms. Nidhi Garg, Assistant Advocate General, Haryana. *** HARSIMRAN SINGH SETHI , J. (ORAL) In the present writ petition, the prayer which is being made by the petitioner is that his total length of service is liable to be taken into account for the grant of pensionary benefits and the computation of the pensionary benefits should not be restricted only to the period for which the Contributory Provident Fund was deducted. Further, the challenge is to the order dated 25.01.2017 (Annexure P-7) by which the said request of the petitioner has been declined.

Counsel for the petitioner states that during the pendency of the present writ petition, CWP No.5897-2003 titled as 'Prem Chand Tagla and others Vs. State of Haryana and others' alongwith other NARESH KUMAR 2019.09.06 11:31 I attest to the accuracy and integrity of this document Chandigarh

CM-11626-CWP-2019 in/and -2CWP-5496-2017 connected writ petitions, which also involve the same question of law, has been decided on 09.01.2019 wherein this Court has held that total length of service is liable to be taken into consideration as a qualifying service for computing the pensionary benefits, subject to the condition that the employee will deposit the Contributory Provident Fund for the period, which was not deducted.

Counsel for the respondents very fairly states that the question of law, as raised in the present writ petition, is squarely covered by the decision rendered in CWP No.5897-2003 titled as 'Prem Chand Tagla and others Vs. State of Haryana and others' alongwith other connected writ petitions, decided on 09.01.2019 and the respondentsState has no objection in case the present writ petition is also disposed of in the same terms.

In view of the prayer made by counsel for the parties, the present writ petition is disposed of in terms of the order passed by this Court in CWP No.5897-2003 titled as 'Prem Chand Tagla and others Vs. State of Haryana and others' alongwith other connected writ petitions, decided on 09.01.2019.

( HARSIMRAN SINGH SETHI ) August 30, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.09.06 11:31 I attest to the accuracy and integrity of this document Chandigarh