HC to examine if Hry employees selected in 2003 entitled to old pension scheme

HC to examine if Hry employees selected in 2003 entitled to old pension scheme

TIMES NEWS NETWORK

Chandigarh:12.10.2021

The Punjab and Haryana high court would now examine whether an employee is entitled to seniority and pensionary benefits from the date of joining or from the date when other such employees, who were selected through the same selection process, had joined service.

Justice Arun Monga issued a notice to the Haryana government and has sought its response on the issue. He had taken cognizance of a petition filed by some drivers of the Haryana Roadways department, who had sought seniority and benefits of the old pension scheme on the ground that they were selected prior to the closure of the old pension scheme. However, they were allowed to join their duties after a gap of five years. The petitioners, Jagtar Singh and others, have been working in Sonipat, Palwal, and Faridabad depots of the state’s roadways department.

According to the petitioners, the Haryana government had decided to recruit 500 drivers in 2003. Tentative vacancies for the post of drivers in Faridabad depot were shown to be 40. Out of these, 20 posts were of the general category.

The selection list was published on July 30, 2003. In this list, the petitioners were selected for the post of driver. Some of the candidates were permitted to join on the posts on December 12, 2003, from the general category and some were permitted to join in December 2004. However, the petitioners, who were also selected as a part of the same process, were permitted to join the department in 2008 only after the intervention of the HC.

The petitioners had approached the transport department with a request that they had been selected after an advertisement issued in April 2003 along with the similarly situated persons, who were permitted to join the service immediately on their selection. Those who joined prior to the petitioners have been given benefits from 2003 but the petitioners were given the benefits from 2008.

The counsel for the petitioners, advocate Rajender Singh Malik argued that the petitioners were entitled to seniority from the same advertisement when they were selected but the seniority in the service to the petitioners has been awarded from the date of joining instead of the date of selection along with other similarsituated persons, who were selected under the same advertisement and under the same process.

“Seniority has to be assigned on the basis of the ranking given by the selection board and not on the basis of joining reports. Seniority fixed on the basis of joining reports is illegal,” Malik argued, citing some Supreme Court judgments.

The counsel sought the directions for quashing the order dated August 23 through which their claim regarding grant of ante-date seniority along with consequential benefits-- pensionary benefits under the old scheme.

Directions have also been sought for benefits under the old pension scheme by giving the petitioners deemed appointment from the date of joining of similarly situated persons by giving the notional benefits from the period December 12, 2003 to June 17, 2008, along with consequential benefits.

After hearing the plea, the HC has issued notice to the principal secretary, department of transport, Haryana and the director of the state’s transport department seeking their replies on the issue by February 3.

Court takes cognisance of a plea by some drivers of the Haryana Roadways dept, who were allowed to join after a gap of 5 years and had sought seniority and benefits of the old pension scheme on the ground that they were selected prior to the closure of the old pension scheme