STATE OF PUNJAB Vs. MANOHAR LAL MIRCHEA

JUDGEMENT

(1.) Leave granted. Heard learned counsel for the appellants. The respondent, though served, has not appeared either in person or through a lawyer.

(2.) The respondent, who had, by 2-4-56, 7 years standing at the Bar, joined Punjab Civil Service (Judicial) on that date. He was subsequently promoted and became a member of the Punjab Superior Judicial Service. He retired as a District and Sessions Judge on 31-12-84. As he retired as a member of the Punjab Superior Judicial Service, for the purpose of determining his death-cum-retirement benefits the All India Services (Death-cum-Retirement Benefits) Rules, 1958 applied to him. Accordingly his pension was fixed. On 22-2-90 the State of Punjab amended Rule 16 of the Punjab Superior Judicial Service Rules and made two changes. In respect of death-cum-retirement benefits of the members of that service the Punjab Civil Service Rules were made applicable instead of the All India Service Rules which were applicable till then. Another change was in respect of direct recruits to the Service. In their case, the actual period of practice at the Bar not exceeding 10 years will have to be added now to his service qualifying for superannuation pension and other retirement benefits. Rule 4.2 of the Punjab Civil Service Rules Volume II provides that "an officer appointed to service of (or) post may add to his service qualifying for super-annuation pension (but not for any other class of pension) the actual period not exceeding one-fourth of the length of his service or the actual period by which his age at the time of recruitment exceeds twenty five years or a period of five years, whichever is least, if the service or post is one:-

(3.) The said Rule has been made applicable to those who are recruited after 26-10-60. Validity of that Rule was challenged before the Punjab and Haryana High Court in Raj Kumar Gupta v. State of Haryana (C.W.P. No. 11756 of 1989) and on 17-9-91 the High Court declared it as invalid being violative of Article 14 of the Constitution.