IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. LPA No. 1393 of 2009 (O&M) Date of Decision: July 11, 2011 Mansa Ram …Appellant Versus State of Haryana and another …Respondents CORAM: CORAM: CORAM: CORAM: HON'BLE M HON'BLE M HON'BLE M HON'BLE MR. JUSTICE M.M. . JUSTICE M.M. . JUSTICE M.M. . JUSTICE M.M. KUMAR KUMAR KUMAR KUMAR HON'BLE M HON'BLE M HON'BLE M HON'BLE MR. JUSTICE . JUSTICE . JUSTICE . JUSTICE GURDEV SINGH GURDEV SINGH GURDEV SINGH GURDEV SINGH Present: Mr. S.K. Sud, Advocate, for the appellant. Mr. R.K.S. Brar, Addl. AG, Haryana. for respondent No. 1. Mr. Kuldip Singh, Advocate, for Mr. G.S. Hooda, Advocate, for respondent No. 2. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR M.M. KUMAR M.M. KUMAR M.M. KUMAR, J.J.J.J. 1. The instant appeal under Clause X of the Letters Patent is directed against judgment dated 15.10.2009 passed by the learned Single Judge holding that the appellant did not render any service on ad hoc basis or otherwise from 16.9.1962 to 1.2.1969 and was, thus, not entitled to count the same for the purposes of pensionary benefits. The aforesaid finding has been recorded on the basis of written statement filed by the Municipal Council, Yamunanagar-respondent No. 2 asserting that the appellant was never appointed as Safai Karamchari on the consolidated salary of `80/- on 16.9.1992 or any subsequent date nor he served as such LPA No. 1393 of 2009 (O&M) 2 from 16.9.1962 to 1.2.1969. 2. In order to satisfy ourselves about the factual position, we called for the original record. In the Service Book, in between some entry has been made, dated 16.9.1962, under the heading date of appointment. That entry is with the Ball-pen and was made at the instance of one Surinder Singh, Sanitary Inspector, who was the custodian of the record. The aforesaid entry was made on account of some provisional seniority-list where this mistake has occurred. However, the Municipal Council-respondent No. 2 after examining the record and questioning Surinder Singh, custodian of the record, has placed him under suspension and has also written to the police authorities for registration of a case against him as well as the appellant for making false entry. On account of serious dispute on facts and keeping in view the contradictions in the record, we are not in a position to record any finding as to whether the appellant has rendered any service from 16.9.1962 to 1.2.1969. Accordingly, we relegate the appellant to the remedy of filing a civil suit, if so advised. The appeal is disposed of accordingly. The original record has been handed over to the learned counsel for the Municipal Council. (M.M. KUMAR) (M.M. KUMAR) (M.M. KUMAR) (M.M. KUMAR) JUDGE JUDGE JUDGE JUDGE (GURDEV SINGH GURDEV SINGH GURDEV SINGH GURDEV SINGH) July 11, July 11, July 11, July 11, 2011 2011 2011 2011 JUDGE JUDGE JUDGE JUDGE PKapoor