SURINDER NATH KESAR Vs. BOARD OF SCHOOL EDUCATION

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 21.05.2015 of High Court of Punjab & Haryana by which LPA No.1747 of 2014 filed by the appellant has been dismissed. LPA was filed by the appellant challenging the judgment of learned Single Judge dated 20.04.2013 in Civil Writ Petition No. 3037 of 2003 by which judgment learned Single Judge had dismissed the writ petition filed by the appellant praying for grant of pension by adding interruption of service between 01.02.1988 to 03.08.1994.

(2.) Brief facts of the case necessary to be noticed for deciding this appeal are:-

(3.) Learned counsel for the appellant in support of appeal contends that under Rule 4.23 what is not condonable is only in cases where the interruption has been caused by resignation, dismissal or removal from service or due to participation in a strike. He submits that appellant having voluntary retired, which is not covered in the definition of resignation as mentioned in Rule 4.23, he is entitled for automatic condonation of interruption between 02.02.1988 till 02.08.1994. It is further submitted that the Board having passed resolution for condonation of the aforesaid period and in consequence of which the appellant has deposited the gratuity, provident fund and leave encashment amount, which was received by him at the time of voluntary retirement, the respondents could not have denied the benefit of adding the interruption period for computing the pension. Resolution was passed by the Board on 31.05.1994, which could not have been legally reviewed after five years. He submits that the appellant is entitled for the benefit of Rule