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RSA-1646-2024 (O&M) -1-

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

RSA-1646-2024 (O&M)

Reserved on : 10.11.2025

Pronounced on : 29.01.2026

Uploaded on : 31.01.2026

State of Haryana and others ......Appellants

Vs.

Murti Devi ......Respondent

Whether only the operative part of the judgment is pronounced? NO

Whether full judgment is pronounced? YES

CORAM: HON’BLE MRS. JUSTICE SUDEEPTI SHARMA

Present : Mr. Harish Nain, AAG, Haryana,

for the appellants.

Mr. S.K.Verma, Advocate,

for the respondent.

****

SUDEEPTI SHARMA J .

1. The present Regular Second Appeal is preferred against the

judgment and decree dated 01.08.2022 passed by learned Civil Judge

(Senior Division), Bhiwani, whereby, the civil suit filed by the respondent

was decreed in her favour and the judgment and decree dated 17.08.2023

passed by learned Additional District Judge, Bhiwani, whereby the appeal

filed by the appellants against the judgment and decree dated 01.08.2022,

was dismissed.

VIRENDRA SINGH ADHIKARI

2026.01.31 18:44

I attest to the accuracy and

integrity of this document

RSA-1646-2024 (O&M) -2-

BRIEF FACTS

2. Brief facts of the case, as pleaded in the civil suit, are that

husband of the respondent, namely Jagdish Chander, was appointed as

Conductor through Employment Exchange and as such posted at Haryana

Roadways, Bhiwani Depot. He joined his duty with effect from 03.12.1975

and expired on 20.04.1977 during the course of employment. As per

pleadings, husband of the respondent had acquired the status of regular

employee on completion of 240 days, therefore, respondent would be

entitled to death-cum-retiral benefits of her late husband Jagdish Chander.

Respondent approached the appellants for retiral benefits of her late

husband. Since she received no response, she filed civil suit before the

learned Civil Judge (Senior Division), Bhiwani, who vide its judgment and

decree dated 01.08.2022 decreed the suit in her favour. The appellants filed

an appeal against the judgment and decree dated 01.08.2022 before the

learned Additional District Judge, Bhiwani, who dismissed the same vide its

judgment and decree dated 17.08.2023. Hence, the present regular second

appeal.

SUBMISSIONS OF THE LEARNED COUNSELS FOR THE PARTIES

3. Learned counsel for the appellants contends that both the Courts

did not appreciate the very fact that late Jagdish Chander, husband of the

respondent, was appointed on ad hoc/temporary basis and there was break in

employment and he had not completed the condition of regularization,

therefore, an ad hoc/temporary employee is not entitled for pension and his

VIRENDRA SINGH ADHIKARI

2026.01.31 18:44

I attest to the accuracy and

integrity of this document

RSA-1646-2024 (O&M) -3-

family for family pension/retiral benefits. He further contends that the post

held by husband of the respondent was not pensionable at the time of his

death and became pensionable, vide letter/instructions dated 07.10.1982.

Further that husband of the respondent died on 20.04.1977, whereas the civil

suit was filed in the year 2017. Therefore, the Civil Suit was barred by

limitation. In support of his contentions, he relies upon judgment passed by

Hon’ble the Supreme Court in State of Haryana and others Vs.

Shakuntala Devi, 2009 AIR (SC) 869. He, therefore, prays that the present

appeal be allowed.

4. Per contra, learned counsel for the respondent contends that

family pension/retiral benefits is recurring cause, therefore, the civil suit

filed by the respondent was not delayed. He further submits that husband of

the respondent was appointed as Conductor on ad hoc/temporary basis and

after completion of 240 days, he had acquired the status of a regular

employee. In support of his contentions, he relies upon judgment passed by

this Court in Roshni Devi Vs. State of Haryana and others, 2024

NCPHHC 25149. Therefore, he prays that the present appeal be dismissed.

5. I have heard learned counsel for the parties and perused the

whole record of the case with their able assistance.

6. Vide order dated 01.07.2024, condit