Ritu Bahri, J. - (1.) The petitioner has filed this writ petition for quashing the impugned order dated 24.02.2015 (Annexure P-1) to the extent of imposition of condition of Rule 2.2(b) of Punjab Civil Services Rules Volume-II (as applicable to the State of Haryana) and further seeking direction to the respondents to pay the petitioner all the retiral benefits i.e. GIS payment, Gratuity, Leave Encashment, etc.
(2.) The petitioner was appointed in the respondentCorporation on the post of Time Keeper on casual basis in the month of May, 1978. In terms of the policy of the respondent- Corporation, the petitioner was appointed as Time Keeper vide order dated 12.05.1980 of the competent authority. Subsequently, the petitioner was granted deemed date of appointment w.e.f. 31.05.1979 vide order dated 27.11.1998. Thereafter, designation was changed to Time Officer Clerk. The petitioner was retired on superannuation on 28.02.2015 on the same post of Time Office Clerk without any promotion. However, at the time of retirement (Annexure P-1), a condition of Rule 2.2 (b) of the Punjab Civil Services Rules Volume-II (as applicable to the State of Haryana), was imposed upon the petitioner.
(3.) Reference has been made to the Corporation letter dated 28.09.1994, whereby categories of employees who were governed under the provisions of Punjab Civil Services Rules were identified and those were to be governed under the Certified Standing Orders (Annexure P-2). From the perusal of Annexure P- 2 it is revealed that the post of the petitioner i.e. Time Office Clerk falls under the definition of workmen and thus the provisions of Punjab Civil Services Rules are not applicable on the said post. The services of the petitioner was not pensionable and he was only entitled for GIS payment, Leave Encashment and Gratuity. The petitioner has not been paid any of the retiral benefits i.e. GIS payment, Leave Encashment, etc. despite the fact that he has been retired on 28.02.2015 vide Annexure P-1.;