102 IN THE Mool Chand Sharma State of Haryana and others CORAM: HON’BLE MR. JUSTICE TRIBHUVAN DAHIYA Present: Mr. Karan Veer Ahuja, Advocate for Mr. Subhash Ahuja, Advocate for the petitioner. Mr. Harish Nain, Assistant Advocate General, Haryana. TRIBHUVAN DAHIYA The petition has been filed, directing the respondents service rendered by him Department towards pensionary benefits. 2. It is apparent the Adult Education Scheme from 22.02.1979 to 28.02.1990 and joined respondent-Department rendered under the Scheme is of temporary nature to meet certain exigencies, the same cannot be counted as a qualifying service for pensionary benefits issue has been specifically nos.2100-2102 of 1997 titled others, decided on 19.07.2000, …Having considered the two contentions made, and having applied our mind to the Rules and Regulation, that was shown to us, we are IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-9755 Date of Decision :21.05.2025 Mool Chand Sharma Versus of Haryana and others HON’BLE MR. JUSTICE TRIBHUVAN DAHIYA Mr. Karan Veer Ahuja, Advocate for Mr. Subhash Ahuja, Advocate for the petitioner. Mr. Harish Nain, Assistant Advocate General, Haryana. TRIBHUVAN DAHIYA, J. (ORAL) The petition has been filed, inter alia, directing the respondents to count the petitioner’s service rendered by him under the Adult Education Wing in the respondent Department towards pensionary benefits. It is apparent on record that the petitioner the Adult Education Scheme from 22.02.1979 to 28.02.1990 and joined Department as S.S. Master on 26.07.1993 rendered under the Scheme is of temporary nature to meet certain exigencies, cannot be counted as a qualifying service for pensionary benefits specifically dealt with by the Supreme Court in Civil Appeal 2102 of 1997 titled Dhyan Singh and others , decided on 19.07.2000, holding as under: Having considered the two contentions made, and having applied our mind to the Rules and Regulation, that was shown to us, we are not in a position to accept either of the contentions HIGH COURT OF PUNJAB AND HARYANA 9755-2001 Date of Decision :21.05.2025 …Petitioner ….Respondents HON’BLE MR. JUSTICE TRIBHUVAN DAHIYA Mr. Karan Veer Ahuja, Advocate for Mr. Subhash Ahuja, Advocate for the petitioner. Mr. Harish Nain, Assistant Advocate General, Haryana. inter alia, seeking a writ of mandamus petitioner’s military service and also the the Adult Education Wing in the respondent- record that the petitioner rendered service under the Adult Education Scheme from 22.02.1979 to 28.02.1990 and joined the on 26.07.1993. Since the service rendered under the Scheme is of temporary nature to meet certain exigencies, cannot be counted as a qualifying service for pensionary benefits. The dealt with by the Supreme Court in Civil Appeal Dhyan Singh and others v. State of Haryana and holding as under: Having considered the two contentions made, and having applied our mind to the Rules and Regulation, that was shown to in a position to accept either of the contentions mandamus military service and also the - rendered service under he Since the service rendered under the Scheme is of temporary nature to meet certain exigencies, he dealt with by the Supreme Court in Civil Appeal State of Haryana and Having considered the two contentions made, and having applied our mind to the Rules and Regulation, that was shown to PUSHPINDER SAINI 2025.05.26 18:48 I attest to the accuracy and integrity of this document CWP-9755-2001 raised by Mr. under the specific scheme cannot be held to be an employment under any establishment of the Government. Such schemes are taken up for a certain contingencies when money for the same is provided either by the Central Go foreign countries. But the employment under such scheme not being part of the formal cadre of the State Government, it is difficult to hold that the period for which an employee rendered service under such scheme can be counted of deciding their pensionary benefits or even for fixing of their salary in the scale of 3. Further emergency period, i.e., from 19.08.1965 towards pension because as per Rule 4(iii) of the Punjab Gov Emergency (Concession) Rules, 1965, the period between the date of discharge from military service and the date of appointment to any service or post under the Government c counted towards from military service on 10.01.1968, he joined as S.S Master after about 25 years on 26.07.1993. 4. In view thereof, none of the admissible. 5. Accord May 21, 2025 ps 2001 -2- raised by Mr. Kalra. The continuance/engagement of the appellants under the specific scheme cannot be held to be an employment under any establishment of the Government. Such schemes are taken up for a certain contingencies when money for the same is provided either by the Central Go foreign countries. But the employment under such scheme not being part of the formal cadre of the State Government, it is difficult to hold that the period for which an employee rendered service under such scheme can be counted of deciding their pensionary benefits or even for fixing of their salary in the scale of pay once they are regularly absorbed. Further, military service rendered by the petitioner during emergency period, i.e., from 19.08.1965 to 10.01.1968 towards pension because as per Rule 4(iii) of the Punjab Gov Emergency (Concession) Rules, 1965, the period between the date of discharge from military service and the date of appointment to any service or post under the Government cannot exceed three years, for the military service to be counted towards pension. In the petitioner’s case, however, after the discharge from military service on 10.01.1968, he joined as S.S Master after about 25 years on 26.07.1993. In view thereof, none of the claim Accordingly, the petition stands dismissed. May 21, 2025 Whether speaking/ reasoned Whether reportable tinuance/engagement of the appellants under the specific scheme cannot be held to be an employment under any establishment of the Government. Such schemes are taken up for a certain contingencies when money for the same is provided either by the Central Government or at times by some foreign countries. But the employment under such scheme not being part of the formal cadre of the State Government, it is difficult to hold that the period for which an employee rendered service under such scheme can be counted either for the pruposes of deciding their pensionary benefits or even for fixing of their pay once they are regularly absorbed. military service rendered by the petitioner during to 10.01.1968, can also not be counted towards pension because as per Rule 4(iii) of the Punjab Government National Emergency (Concession) Rules, 1965, the period between the date of discharge from military service and the date of appointment to any service or post under exceed three years, for the military service to be petitioner’s case, however, after the discharge from military service on 10.01.1968, he joined as S.S Master after about 25 claims raised by the petitioner is ingly, the petition stands dismissed. (TRIBHUVAN DAHIYA) JUDGE : Yes/No : Yes/No tinuance/engagement of the appellants under the specific scheme cannot be held to be an employment under any establishment of the Government. Such schemes are taken up for a certain contingencies when money for the same is vernment or at times by some foreign countries. But the employment under such scheme not being part of the formal cadre of the State Government, it is difficult to hold that the period for which an employee rendered either for the pruposes of deciding their pensionary benefits or even for fixing of their military service rendered by the petitioner during can also not be counted National Emergency (Concession) Rules, 1965, the period between the date of discharge from military service and the date of appointment to any service or post under exceed three years, for the military service to be petitioner’s case, however, after the discharge from military service on 10.01.1968, he joined as S.S Master after about 25 raised by the petitioner is TRIBHUVAN DAHIYA) PUSHPINDER SAINI 2025.05.26 18:48 I attest to the accuracy and integrity of this document