LPA No. 180 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 180 of 2011 (O&M) Date of Decision 01.02.2011 State of Haryana and others ---Appellants Versus Daya Ram ---Respondent CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE T.P.S. MANN Present: Mr. Aman Chaudhary, Addl. A.G., Haryana for the appellants. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. The instant appeal under Clause X of the Letters Patent is directed against the judgment dated 04.03.2010 rendered by the learned Single Judge granting pension to the writ petitioner- respondent. The learned Single Judge has given a categorical finding that the writ petitioner-respondent has completed 10 years, 9 months and 20 days of service and has become entitled to grant of proportionate pension. It has come on record that the writ petitioner-respondent is an Ex-serviceman and joined as Motor Mechanic Instructor on 09.03.1995 on ad hoc basis after his discharge from Army. His services were regularised w.e.f. 1.10.2003 by order dated 07.07.2004, in pursuance of the policy of regularisation. He approached this Court with a prayer that if the period of 2 years, 2 months is added to civil service rendered by him LPA No. 180 of 2011 (O&M) -2- then he would become entitled to grant of pension as he would complete more than 10 years of service. The learned Single Judge has found that if the period of service rendered by the writ petitioner-respondent during emergency w.e.f. 30.10.1965 to 10.01.1968 is included then the total period of service of the writ petitioner-respondent would come to 10 years and 9 months, which is sufficient to grant him proportionate pension. 2. Having heard learned State counsel and keeping in view the opinion of the learned Advocate General, Haryana as well as Legal Remembrancer, Haryana, we find no legal infirmity in the view expressed by the learned Single Judge. The appeal is devoid of any merit warranting its admission and is liable to be dismissed. 3. We express our concern that despite the opinion given by the two independent agencies of the State, namely, Advocate General, Haryana as well as Legal Remembrancer, Haryana, the State has preferred to file appeal. 4. Accordingly, the appeal fails and the same is dismissed. The State is directed to deposit a sum of Rs. 5,000/- as costs, with the Member Secretary, Mediation and Conciliation Center, Punjab and Haryana High Court, Chandigarh. (M.M. KUMAR) JUDGE (T.P.S. MANN) JUDGE February 1, 2011 Atul