- (1.) At the previous hearing on 29.08.2011, this Court has allowed for time for filing written statement on behalf of the State subject to payment of Rs.2,000/- as costs. Registry has reported that costs is not deposited. Learned counsel appearing for the State has however produced receipt issued by the Haryana State Legal Services Authority dated 22.09.2011. Written statement filed by the State is taken on record.
(2.) The writ petition is filed at the instance of a retiree from HUDA-1 st respondent claiming the benefit of service that he had rendered in the Public Health Department in Government of Haryana prior to his joining HUDA to be included for the length of service for computation of pension. It is brought on record that the petitioner had been working in the Public Health Department from 11.10.1971 to 28.05.1979 and after taking appropriate permission from the Public Health Department, he applied for the post as Assistant in HUDA and joined HUDA after submitting voluntary resignation. He continued with HUDA from 28.05.1979 to 08.09.2006 and when he made a claim for pension including the period that he had served with the Public Health Department, Government of Haryana, HUDA relied on a response secured from the Chief Secretary, Haryana that the service rendered previously cannot be counted.
(3.) Learned counsel appearing for the petitioner would contend that the response of HUDA to deny petitioner's entitlement runs counter to the policy declared by the State through an office memorandum dated 07.01.2002 that includes in para No.6 as follows:- "6. On appointment from pensionable organization to pensionable organization. The Government/State Autonomous Body will discharge their pension liability by paying in lump sum as a one time payment, the pro-rata pension/service gratuity and death-cum-retirement gratuity for the period of service qualifying for pension up to the date of appointment in a State Autonomous Body or any Department under Haryana Government, as the case may be, irrespective of the fact the employee was permanent or temporary. The pro-rata pension on lump sum will be determined with reference to the commutation table in Chapter 11 of Punjab CSR Vol II, as amended from time to time.";