IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH.

209 CWP-7510-2017 (O&M).

Date of Decision: 07.07.2025.

TEJ RAM ... Petitioner(s)

Versus STATE OF HARYANA AND OTHERS ... Respondent(s)

CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ.

Present: Mr. B.K. Bagri, Advocate, for the petitioner.

Mr. Rahul Dev, Addl. A.G. Haryana.

VINOD S. BHARDWAJ, J. (ORAL)

Prayer in the present petition is for directing the respondents to count petitioner’s service rendered on daily wage for grant of retiral benefits and to release the revised retiral benefits along with interest @18% per annum.

2 The facts arising from the present petition are that the Petitioner was appointed on daily wages in August, 1987 and he worked continuously till 31.03.1993. Later on, his services were regularized on the post of Mali cum Chowkidar in the office of Respondent no.5. The petitioner retired on 31.07.2014. After his retirement, a PPO number was issued by Respondent no.2, however the retiral benefits were paid only after taking into consideration the regular service period i.e. from 01.04.1993 to 31.07.2014 and the daily wage service rendered by the petitioner was not counted for computing retiral benefits.

3 Petitioner sent a legal notice dated 01.10.2015 to the respondents seeking grant of benefit of the daily wage service as qualifying service for computing the pensionary benefits. However, Respondent no.2 while replying to the same stated that pensionary benefits from 01.04.1993 to 31.07.2014 has already been released on 24.10.2014 and counting of daily wages service comes under the purview of pension sanctioning authority.

Hence the present petition.

4 Learned Counsel for the petitioner contends that as per the provision of Rule 3.17-A of Punjab CSR Volume II (which is applicable on Haryana Government employees) daily wage service is to be counted towards pension. The said provisions are reproduced as under:

“(f) Employees retiring from Government service with confirmation (as temporary employees) in any post on or after 5/2/1969 will be entitled to invalid/retiring/superannuation pension and death-cum-retirement gratuity on the same basis as admissible to permanent employees. In case of death of temporary employees in service his family will also be entitled to similar benefits as are admissible to the families of permanent employees. This concession will, however, not apply to:-

(i) Persons paid from contingencies, provided that half of the period of service of such persons paid from contingencies rendered from 1^st January, 1973 onwards for which authentic records of service is available will count as qualifying service subject to the following conditions:-

(a) Service paid from contingencies should have been in a job involving whole time employment and not part time from a portion of day.

(b) Service paid from contingencies should be in a type of work or job for which regular post should have been sanctioned. Eg:

Malis, chowkidars, khalasis etc.

(c) The service should have been 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 pay scale of pay should bear some relations in the matter of pay to those being paid for similar jobs being performed by staff in regular establishments; and (d) The service paid from contingencies should have been continuous and followed by absorption in regular employment without a break.

Government of Haryana also issued instructions dated 17.03.2010 followed by another instructions dated 07.02.2014 regarding counting of daily wage service towards pension. Learned counsel for the petitioner further contends that Respondent no 4 counted the daily wage service of similarly situated employee i.e. one Ram Sawroop during the pendency of CWP no. 2778 of 2016.

5 Respondents in its written statement submit that the case of the petitioner has been reconsidered and the revised pension case has been prepared and sent to the authorities for granting the benefit