- (1.) Petitioner worked as Driver in Haryana State Mineral Irrigation Tubewell Corporation (in short 'the HSMITC') from 09.12.1974 to 30.06.2002 when his services were retrenched. As per the Policy of the Government of Haryana, for re-adjustment of the retrenched employees from various board and corporation of the State of Haryana, the petitioner was also appointed as Driver on 18.09.2006 with respondent No.4 i.e. Superintendent, District Jail, Bhiwani, from where he retired on 31.01.2013. The prayer of the petitioner is for counting his service rendered in HSMITC as qualifying service for the pension. I have heard learned counsel for the parties and have also carefully gone through the case file.
(2.) Petitioner has relied upon the Instructions of Government of Haryana dated 16.12.2010 (Annexure P-13). The relevant extract of the said Instructions is as under: "Accordingly, all the employees initially appointed in Board/Corporations/Municipal Committees and declared surplus and subsequently appointed on transfer basis in other departments and the benefits of pay protection has been given are entitled to the benefit of incentives introduced under the schemes mentioned at (c) to (f) after completion of requisite length of service as the case may be after counting their past service rendered by them in Boards/Corporations/Municipals Committees."
(3.) Learned counsel for the petitioner has also relied upon the judgment of Hon'ble the Apex Court delivered in case of "State of Haryana and another vs Deepak Sood and others", passed in Civil Appeal No.4446 of 2008, decided on 15.07.2008 (Annexure P-14), wherein in case of adjustment of employees to Octroi Branch in Education Branch, the benefits of past service were given for fixing the pensionary benefits. Hon'ble the Apex Court observed as under: "Therefore, in the service of judgments given by this Court the view has been taken that in case of a transfer/absorption from one department to another or from public sector to State though the benefit of the seniority may be denied to the increment but not for other benefits like pay fixation for the pensionary benefits. Therefore, when the benefit of past service rendered in the parent department was given for fixation of pay and pensionary benefits, there is no reason why the past service should not be counted for grant of ACP Grade. Consequently, we are of the view that the view taken by the Division Bench of the High Court in the impugned judgment and order is correct and there is no ground to interfere in the appeal. Consequently, this appeal is dismissed but with no order as to costs.";