Civil Writ No. 8059 of 2010 1 In the High Court for the States of Punjab and Haryana at Chandigarh … Civil Writ No. 8059 of 2010 Date of decision: September 23,2010 Prem Singh ..Petitioner. Versus State of Haryana and others ..Respondents Coram: Hon'ble Mr. Justice Ranjit Singh Present: Mr. R.K.Malik, Sr. Advocate with Mr. Kohal Dev,Advocate for the petitioner. Mr. Sunil Nehra, DAG,Haryana for the respondents ... Ranjit Singh,J(Oral) The petitioner was appointed on daily wages in June, 1977 in the office of District Forest Officer, Sonepat. In July, 1993, the petitioner was appointed on daily wages in the office of District Forest officer, Gurgaon where he continued till the year 2000. With effect from the year 2000, the petitioner was employed in the office of District Forest Officer, Kaithal against daily wages. On 1.10.2003, the respondent-Government issued a policy decision in regard to the regularization of daily wagers. It was provided that a daily wage employee who had completed three years service up to 30.9.2003 was entitled to be regularized with effect from 1.10.2003. In view of this policy instructions,services of the petitioner were regularized on 16.10.2006 but with effect from 1.10.2003. The petitioner officially retired from service on attaining the age of superannuation on 28.2.2010. The claim of the petitioner for grant of pension was declined on the ground that he had not completed 10 years service after his regular Civil Writ No. 8059 of 2010 2 appointment. Petitioner accordingly filed this present writ petition for direction to the respondents to count his service rendered by him on daily wages. The facts are not in a very serious dispute as per the reply filed and only stand taken is that the petitioner has rendered a total service of 10 years and accordingly, he is not entitled to the grant of pension. Learned counsel for the petitioner however, would place reliance on Hari Chand Versus Bhakra Beas Management Board and others 2005(4) SLR 215, where a Division Bench of this court has held that the person who had served as a daily wager and thereafter, was made a regular employee then his services rendered prior to regularization as daily wager would count as qualified for the purpose of pension. While taking this view, the Division Bench has made reference to number of decisions given by this court in Mohan Singh Versus State of Haryana 1991(3) SLR 684 (Pb. & Hry.) and Joginder Singh Versus State of Haryana and others 1999(4) SLR 214 (Pb. & Hry.). Reference is also made to Order Annexure P-5, which is an order passed by the Hon'ble Supreme Court of India. Mr. Nehra has not been able to point out to any other judgment wherein a contrary view may have been taken. The counsel has however, placed a Division Bench judgment in the case of Mulkh Raj and another Versus Dakshin Haryana Bijli Vitran Nigam Ltd. And another 2007(1) SLR 860 where again the directions were issued to count the work charge service rendered prior to regular service and qualified for the purpose of pension but it is observed that service interrupted or continuous followed by confirmation has to be treated as qualifying service and the period of breaks is to be omitted while working out aggregate service. In view of the above, the writ petition is allowed and a direction is issued to the respondents to count the service rendered by the petitioner Civil Writ No. 8059 of 2010 3 as daily wager for the purpose of grant of pension in accordance with law. The necessary benefits be released to the petitioner within a period of four months from the date of receipt of copy of this order. September 23,2010 (RANJIT SINGH) nk JUDGE