CWP No.2951 of 2009 1 In the High Court of Punjab and Haryana at Chandigarh. Date of decision: 08.03.2010 Sarla Devi Vs. State of Haryana and others CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.KL Dhingra, Advocate, for the petitioner. Mr.RKS Brar, Addl. AG, Haryana, for the respondents. -- PERMOD KOHLI, J. (Oral): The petitioner was initially appointed as Craft Teacher vide office order No.261-264 dated 1.7.1977 of the Executive Officer, Panchayat Samiti, Assandh (Karnal), for a period of six months through Employment Exchange and was given posted as such in village Phaphrana District Karnal. The petitioner and similarly situated persons were later appointed on regular basis as Swing Teachers under the orders of the Commissioner and Secretary to Government of Haryana, Development and Panchayat Department vide order dated 4.5.1983. This regular appointment was subject to verification of the qualification, certificates etc. While the petitioner and other persons were working as Sewing Teachers, they were appointed on regular basis as Gram Sevikas vide order dated 3.4.995 in the regular pay scale of Rs.950-20-1200-25-1500/- plus usual admissible allowances. There is stipulation that the appointee will not claim benefit of Craft Teachers service rendered in the Panchayat Samiti towards pay etc. The petitioner retired from service on attaining the age of superannuation on 30.03.2003. Vide another order dated 20.02.2005, the ad hoc appointments CWP No.2951 of 2009 2 of Gram Sevikas including that of the petitioner was regularised with effect from 1.10.2003. The petitioner made a representation for pensionary benefits vide application dated 4.1.2006 (Annexure P-7) which was followed by another request dated 6.7.2008 (Annexure P-11). The petitioner is claiming the benefit of service rendered as Craft Teacher and Gram Sevika towards qualifying service for the purpose of release of pensionary benefits. In the reply filed by the respondents, the service rendered by the petitioner as Craft Teacher and later as Gram Sevika in Panchayat Samiti before absorption as Gram Sevika, is admitted. It is, however, stated that since the appointment as Gram Sevika was a fresh appointment, the petitioner is not entitled to the benefit of past service. The petitioner has accordingly filed this petition claiming the benefit of past service for the purpose of qualifying service and also the ACP benefit. The controversy involved in this petition is squarely covered by a Division Bench judgment of this Court in the case of Om Pati Vs. State of Haryana, 2007 (1) RSJ, 582. In this case also, the service rendered in Panchayat Samiti was claimed towards qualifying service. On consideration, this Court directed the respondents to consider the service rendered in Panchayat Samiti for the purposes of qualifying service and payment of pensionary benefit. In view of the above, the present writ petition is allowed. The respondents are directed to grant pensionary benefit to the petitioner by counting service rendered as Craft Teacher/Gram Sevika in the Panchayati Samiti towards qualifying service. Let pensionary claim of the petitioner be CWP No.2951 of 2009 3 settled within a period of three months from the date a certified copy of this order is made available to the competent authority. No costs. 08.03.2010 (PERMOD KOHLI) BLS JUDGE