R.S.A. No. 804 of 2009 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH R.S.A. No. 804 of 2009 (O&M) Date of Decision : 18.2.2009 The State of Haryana & others .......... Appellants Versus Mohinder Singh ...... Respondent CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Madan Gupta, Sr. DAG, Haryana for the appellants. **** VINOD K. SHARMA, J. (ORAL) This regular second appeal is directed against the judgments and decree dated 29.11.2007 and 26.11.2008 passed by the learned Courts below vide which suit filed by the plaintiff respondent for declaration, that he is entitled to pensionary benefit stands decreed. It is not in dispute that the plaintiff-respondent joined the department in March, 1985 and continued as daily wager till 31.3.1993, when his services were regularized. He retired on attaining the age of superannuation. The only ground on which the pensionary benefits were denied was that he had not completed the requisite ten years of service. In calculating the period of service the period spent by the plaintiff-respondent from March 1985 to 31.3.1993 was not taken into consideration on the ground that the daily wage service was not to be counted towards pensionary benefit. R.S.A. No. 804 of 2009 2 The learned Courts below relied upon the Full Bench judgment of this Court in the case of Kesar Chand Vs. State of Punjab and others 1989(II) RSJ 629. The learned Senior DAG Haryana contends that it is the only work charge service which is to be counted and not daily wage. This plea cannot be accepted. It is well settled law that the daily wage service which is followed by regularization of service is to be counted for pensionary benefits. The judgments and decree passed by the learned Courts below is in consonance with settled law. Thus, this appeal raises no substantial question of law for consideration by this Court. No merit. Dismissed in limine. 18.2.2009 ( VINOD K. SHARMA ) 'sp' JUDGE