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2006 DIGILAW 1506 (PNJ)

Ramesh Kumar v. Secretary, Transport, Punjab

2006-04-18

JAGDISH SINGH KHEHAR, P.S.PATWALIA

body2006
Judgment J. S. Khehar, J. 1. Despite the fact, that various prayers have been made in the instant writ petition, learned counsel for the petitioner, while projecting the case of the petitioner, seeks to limit the prayer of the petitioner to the claim of taking into consideration adhoc service rendered by the petitioner, preceding his regularisation, as qualifying service for the grant of pensionary benefits. In this behalf, learned counsel for the petitioner has placed reliance on the decision rendered by this Court in Hardip singh and another Vs. State of Punjab and others, 2003 (4) S. C. T.691. 2. Learned counsel for the respondents acknowledges, that the factual position in the instant case is similar to the one which had arisen for consideration before this Court in Hardip Singhs case (supra ). 3. Learned counsel for the respondents has not been able to distinguish the legal controversy adjudicated upon in Hardip Singhs case (supra ). We are cwp No.3146 of 2004 Page numbers satisfied, that the instant writ petition deserves to be allowed, inasmuch as, adhoc service rendered by the petitioner, preceding his regularisation in service, deserves to be taken into consideration as qualifying service for calculating his pensionary benefits. 4. In view of the above, the aforesaid prayer made by the petitioner is allowed in terms of the order passed in Hardip Singhs case (supra ). Consequently, the impugned order dated 5.6.2003 (Annexure P-15), inasmuch as, it denies the petitioner to compute his adhoc service as qualifying service for computing his pensionary benefits, is set aside. 5. Writ petition stands disposed of in the aforesaid terms.