STATE OF PUNJAB Vs. SARUP SINGH

JUDGEMENT

(1.) THE respondent -plaintiff was born oh 3.1.1935. He was inducted into the Police Department as Constable as on 1.8.1957. Having rendered more than 30 years of service, he was issued notice dated 28.4.1987 under Rule 3(i)(a) of the Punjab Civil Service (Pre -mature Retirement) Rules, 1975 (hereinafter referred to as the Pre -mature Retirement Rules) giving him three months notice of retirement from service. Thereafter, vide the order dated 10.8.1987, the respondent -plaintiff was prematurely retired w.e.f. 13.8.1987. The aforesaid orders dated 28.4.1987 and 10.8.1987 were impugned by the respondent -plaintiff by filing a civil suit at Faridkot. The Trial Court dismissed the suit vide order dated 28.5.1990. The respondent -plaintiff preferred an appeal before the Additional District Judge, Faridkot. The appeal was accepted on 24.2.1994. Dissatisfied with the order of the lower appellate Court, the authorities have approached this Court to impugn the order of the lower appellate Court dated 24.2.1994.

(2.) PRIMARILY , the claim of the parties is based on the provision of Rule 3(i)(a) of the Pre -mature Retirement Rules. The aforesaid rule is being extracted herein for facility of reference : -

(3.) IN fact, a perusal of the aforesaid provision specifically reveals "the employee shall be entitled to claim a sum equivalent to the amount of his pay and allowances". Thus, it is obvious that the mandate of the rules does not envisages payment of any amount, alongwith either the notice or the order of pre -mature retirement. The employee under the mandate of the aforesaid rule is allowed to make any claim in terms of the aforesaid provision.