IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH L.P.A. No.1122 of 2010 (O&M) DATE OF DECISION: October 04, 2010 The State of Punjab and others …..Appellants versus Ram Singh and another .....Respondents CORAM:- HON’BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr.Rajesh Bhardwaj, Additional Advocate General, Punjab Mr.R.K. Chopra, Senior Advocate with Ms.Maninder, Advocate for the respondents .. RANJAN GOGOI , J. : (Oral) C.M. No.3353 of 2010: After hearing learned counsel for the parties, delay of 105 days in filing the appeal is condoned. L.P.A. No.1122 of 2010: This appeal by the State is directed against the order dated 23.2.2010 passed in Civil Writ Petition No. 10008 of 2006 by which directions have been issued to the appellants (respondents in writ petition) to count the service rendered by the respondents-writ petitioners in the Punjab Land Development and Reclamation Corporation (in L.P.A. No.1122 of 2010 - 2 – short 'Corporation') towards pensionary benefits and release the consequential benefits within the time specified in the order. The respondents-writ petitioners had rendered service in the Indian Army from the year 1962 to 1977. Thereafter, they were appointed as Bulldozer Operators in the Corporation in the year 1978 and 1979, respectively. In the year 1997, they were declared surplus in the Corporation but soon thereafter, i.e. on 10.7.1997, they were absorbed as Beldars in the Agriculture Department. The respondents/writ petitioners retired from service with effect from 31.10.2004 and 28.2.2005, respectively. Their claim for pension having been rejected on the ground that they do not have the qualifying service the writ petition out of which this appeal has arisen was instituted. The learned single Judge hearing the writ petition took note of several judgments of this court before answering the issues in favour of the respondents- writ petitioners in the manner indicated above. Aggrieved, the State has filed the present appeal. The only question that would arise in the present proceeding is whether the service rendered by the respondents-writ petitioners in the Corporation can be counted for the purposes of reckoning their pensionary entitlements and other retirement benefits. 2 L.P.A. No.1122 of 2010 - 3 – The simple stand of the appellant-State projected before the learned single Judge, as is evident from the reply filed, appears to be that service in the Corporation rendered by the petitioners cannot be counted for the purpose of reckoning their pensionary entitlements. The said ground has also been urged before us in the present appeal. We have taken into account the submissions advanced on behalf of the rival parties, the decision rendered by learned single Judge and further another judgment of the Division Bench of this court in the case of State of Punjab and others vs. Subhash Chander Chadha and another, 2009(3) S.C.T. 654. In the aforesaid case, the Bench had occasion to consider a more or less identical situation where the State had refused an employee of the Punjab State Handloom and Textiles Development Corporation Limited (PUNTEX) subsequently absorbed in one of its departments, to refund the employer's share of contributory provident fund so as to be entitled to pension and other pensionary benefits. The Division Bench took the view that absorption was not an incident of fresh recruitment and further that such absorption having been made on the basis of the option exercised by the employee as was made available by the respondent-State, the State cannot be allowed to resile from the earlier stand taken and embark upon a course of action to the prejudice of the absorbed employee. The facts 3 L.P.A. No.1122 of 2010 - 4 – of the present case are largely identical. We are, therefore, of the view that the principles laid down in Subhash Chander Chadha's case (supra) would govern the instant matter also. We, therefore, respectfully concur with the view taken by the learned single Judge. The order under challenge is reiterated by dismissing the appeal. ( RANJAN GOGOI ) JUDGE October 04, 2010 ( RAJAN GUPTA ) pc JUDGE 4