CWP no. 18791 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP no. 18791 of 2009 (O&M) Decided on : 18-10-2011 Partap Singh Malik and others ....Petitioners VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. R.N.Sharma, Advocate for the petitioners Mr. Harish Rathee, Sr. DAG, Haryana MAHESH GROVER, J Petitioners pray that the period of past service rendered by them in various autonomous bodies of the State Government prior to their being absorbed in the Government service be counted for the purposes of giving them financial benefits. The petitioners who were earlier working in various Boards and Corporations were appointed in the State Government service after having cleared their SAS test. The aforesaid benefit is sought to be denied to them on the ground that the appointments of the petitioners in the State Government service was a fresh appointment and consequently no benefit could be given to them on account of the previous service rendered by them in the Boards and Corporations which were autonomous in character. The matter was debated before a coordinate Bench of this Court in CWP no.17116 of 2009 which was disposed of on 19.7.2010 holding the petitioners therein entitled for the benefit which has been prayed for in the CWP no. 18791 of 2009 (O&M) 2 instant petition as well. The said petition was disposed of in the following terms:- “The present writ petition is disposed of with the direction to the respondents to re-consider the request of the petitioners for either depositing the CPF contribution lying in their account or in alternative, deduct this amount for pensionary benefits for counting the service rendered by the petitioners in the Corporation for the purpose of grant of pension. Let this exercise be done within the period of six months from the date of receipt of copy of this order.” Likewise in another decision in CWP no.18370 of 2009 a similar course was adopted by this Court. The State Government preferred an Letters Patent Appeal bearing no. 1261 of 2011 against one of the judgments referred to above which was disposed of by observing as follows:- Keeping in view the aforesaid statement made by the learned counsel for the parties, we are of the considered view that the past service rendered by the writ petitioner-respondents with the HSMITC deserves to be counted for the purposes of pension, subject to the condition that they would deposit the amount of CPF contribution with the appellants in accordance with the rules, which has been withdrawn by them. Accordingly, we delete the direction issued by the learned Single Judge that the period of service rendered in HSMITC is to count for all intents and purposes. It is directed that the period is to count only for the pensionary/retiral benefits. With CWP no. 18791 of 2009 (O&M) 3 the aforesaid modification, the appeal is disposed of. The needful shall be done within a period of three months from the date of receipt of a copy of this order. In view of the aforesaid when the matter is no longer res integra and the matter has been finally decided by the LPA Bench, the instant writ petition is disposed of in terms of the observations made by this Court in LPA no.1261 of 2011. October 18, 2011 (Mahesh Grover) rekha Judge