108 (2 cases)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 20.01.2025 Date of Pronouncement: 27.01.2025

1.

LPA-2095-2024 (O&M)

Chaudhary Charan Singh H.A.U., Hisar . . . . Appellant Vs.

Dr. K.C. Bishnoi and another . . . . Respondents ****

2.

LPA-2143-2024 (O&M)

Chaudhary Charan Singh H.A.U., Hisar . . . . Appellant Vs.

Dr. Ghanshyam Dass Sharma and another . . . . Respondents ****

CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MRS. JUSTICE MEENAKSHI I. MEHTA ****

Present: Mr. Shreenath A. Khemka, Advocate for the appellants.

Mr. Manu K. Bhandari, Advocate and Mr. Arjun Sawhni, Advocate for the respondents.

****

SANJEEV PRAKASH SHARMA, J.

CM-4958-LPA-2024 and CM-5081-LPA-2024 Applications for condonation of delay of 17 days and 16 days in filing of respective appeals are allowed, and accordingly delay is condoned.

Main cases

1. These appeals have been preferred by Chaudhary Charan Singh, Haryana Agricultural University, assailing the order dated 02.07.2024 passed by the learned Single Judge whereby the two writ petitions, filed by the respondents No.1 herein of the respective appeals, have MOHIT GOYAL been allowed; impugned orders therein have been quashed; and directions have been issued by the learned Single Judge to the appellant/University to revise the writ petitioners’ pension from the date of superannuation by extending the benefit of addition to qualifying service of 4 years and 22 days with respect to Dr. K.C. Bishnoi (writ petitioner/respondent No.1 in LPA-2095-2024) and 5 years with respect to Dr. Ghanshyam Dass Sharma (writ petitioner/respondent No.1 in LPA-2143-2024).

2. The learned Single Judge further held the writ petitioners entitled to arrears of revised pension from 38 months prior to filing of the respective petitions with interest @6% p.a. from due date till actual payment.

3. To adjudicate these appeals, brief facts of the writ petitioners/respondents No.1 in the LPAs, need to be briefly noticed.

4. Dr. K.C. Bishnoi (respondent No.1 in LPA-2095-2024) was selected as Assistant Professor Agronomy. The post required essential qualifications of Second Class B.Sc (Agriculture), Second Class M.Sc in Agronomy and three years teaching/research/extension experience of Ph.D (Agronomy). He had essential qualifications of M.Sc Agronomy, and also requisite experience of working as Research Assistant from August 1968 to September 1969, and as Assistant Agronomist from September 1969 to September 1970, and was therefore selected as Assistant Professor Agronomy. At the time of joining services, his age was 29 years and 22 days. He was further selected as Associate Professor in 1978; Professor in 1988; and retired on attaining superannuation age on 30.09.2001. Since the petitioner’s MOHIT GOYAL age at the time of joining service was 29 years and 22 days, he claimed benefit of 4 years and 22 days qualifying service. The University vide order dated 21.09.2002 granted him weightage of only six months in qualifying service for pension, and released his pensionary benefits. He however, filed a petition and claimed that he should be given the benefit of 4 years and 22 days weightage for qualifying service for pension, as his age exceeded 25 years by 4 years and 22 days, relying on Clause 3.2, Chapter VIII-A of the Pension Statutes.

5. Similarly, Dr. Ghanshyam Dass Sharma (respondent No.1 in LPA-

2143-2024) joined the University as Research Assistant in 1969. He worked as Research Assistant from 1969 to 1973 and possessed qualification of M.Sc, whereafter he left the University in 1973 to pursue his Ph.D course. After having done his Ph.D, he was selected and rejoined the University as Assistant Botanist, which required a person to possess 3 years’ experience + Ph.D/M.Sc. He superannuated as Senior Scientist on 29.02.2004, and was given 2 years of benefit for qualifying service. The petitioner represented and was granted benefit of 5 years, since he was 36 years of age at the time of appointment as Assistant Botanist