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2016 Supreme(P&H) 1987

KULDIP SINGH
Nathu Singh – Appellant
Versus
State of Haryana – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. B.K. Bagri, Advocate
For the Respondent: Mr. Naveen Sheoran, DAG, Haryana.

JUDGMENT :

KULDIP SINGH J.

1. Petitioner worked as Driver in Haryana State Mineral Irrigation Tubewell Corporation (in short 'the HSMITC') from 09.12.1974 to 30.06.2002 when his services were retrenched. As per the Policy of the Government of Haryana, for re-adjustment of the retrenched employees from various board and corporation of the State of Haryana, the petitioner was also appointed as Driver on 18.09.2006 with respondent No.4 i.e. Superintendent, District Jail, Bhiwani, from where he retired on 31.01.2013.

2. The prayer of the petitioner is for counting his service rendered in HSMITC as qualifying service for the pension.

3. I have heard learned counsel for the parties and have also carefully gone through the case file.

4. Petitioner has relied upon the Instructions of Government of Haryana dated 16.12.2010 (Annexure P-13). The relevant extract of the said Instructions is as under:

“Accordingly, all the employees initially appointed in Board/Corporations/Municipal Committees and declared surplus and subsequently appointed on transfer basis in other departments and the benefits of pay protection has been given are entitled to the benefit of incentives introduced under the schemes m






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