CWP No.7586-CAT of 2003 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: CWP No.7586-CAT of 2003 DATE OF DECISION: January 12, 2009 UNION OF INDIA AND OTHERS ...PETITIONERS VERSUS SOHAN LAL & OTHER ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MS. JUSTICE NIRMALJIT KAUR. PRESENT: NONE FOR THE PETITIONER. MR. R.K. SHARMA, ADVOCATE FOR RESPONDENT NO.1. NONE FOR RESPONDENT NO.2. ASHUTOSH MOHUNTA, J.(ORAL) The Union of India has filed this writ petition impugning the order (Annexure P-3) passed by Central Administrative Tribunal, Chandigarh Bench, Chandigarh dated 21.1.2002, vide which they have been directed to give respondent No.1 the benefit of decision No.2 under Rule 14 of CCS (Pension) Rules, 1972 by counting half of his service rendered from 25.9.1986 to 1.3.1989, as a daily wager for computing his retiral benefits including the grant of pension. Respondent No.1 served in the Armed Forces w.e.f. 31.3.1963 to 31.1.1985 as a Clerk. Thereafter, he was reemployed as Clerk on daily wages in the CSD Depot, Jalandhar Cantt. on 29.9.1986. He performed his duties on daily wages without break upto 1.3.1989, on which date he was appointed on regular basis after qualifying the departmental examination in terms of letter dated 27.1.1989. Respondent No.1 requested the department CWP No.7586-CAT of 2003 -2- to count his service rendered as a daily wager for the purpose of seniority, pay and allowances including the grant of pension. However, his request was not acceded to by the Union of India. Resultantly, respondent No.1 filed O.A. No.122/PB/98 wherein he gave up his claim with regard to seniority, promotion, etc. and restricted his application only to the counting of his service as a daily wager for the purposes of pension and retiral benefits. The Tribunal vide the impugned order has placed reliance on Government of India decision No.2 below Rule 14 of the CCS (Pension) Rules, 1972 and directed counting of half of his service rendered from 25.9.1986 to 1.3.1989, for computing his retiral benefits including grant of pension. It has been averred on behalf of the Union of India that as per terms of appointment of respondent No.1 he was not entitled to be given any benefit with regard to the service rendered by him as daily wager. It has also been averred that as there was three days' break, as is clear from the letter dated 27.1.1989, before the services of respondent No.1 were regularized, hence the service rendered by him as daily wager cannot be counted. Counsel for respondent No.1 submits that three days' break cannot be counted as the same would tantamount to only notional break and actually respondent No.1 performed his duties as per order dated 27.6.1989, which has been passed with retrospective effect. Learned counsel submits that Government of India decision No.2 below Rule 14 of the CCS (Pension) Rules, 1972 is applicable to the case of respondent No.1 and it would entitle respondent No.1 to become eligible for pension for the service CWP No.7586-CAT of 2003 -3- rendered in the civil employment. After going through the petition as well as hearing the counsel for respondent No.1, we are of the considered opinion that three days' break in service of respondent No.1 was only notional in nature. The order was passed with retrospective effect and hence, we hold that there was no break in service of respondent No.1. Apart from the above, as per decision No.2 below Rule 14 of the CCS (Pension) Rules, 1972, respondent No.1 was entitled to the counting of 50% of the service rendered by him on daily wages for the purposes of computing retiral benefits including the grant of pension. Furthermore, one Lachit Hazarike who was similarly placed as respondent No.1 was also granted the same benefit . In view of the above, we find no merit in the writ petition and dismiss the same. (ASHUTOSH MOHUNTA) JUDGE January 12, 2009 (NIRMALJIT KAUR) Gulati JUDGE