A.S. BHATIA Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner joined the Punjab State Electricity Board (hereinafter referred to as 'the Board') as Assistant Engineer on January 10, 1962. In due course, he was promoted to the post of Executive Engineer, Superintending Engineer and then as Chief Engineer. It may be observed here that prior to joining the Board the petitioner was working with the Central Public Works Department (in short 'CPWD'), New Delhi, from April 16, 1956 to January 9, 1962.

(2.) VIDE notification dated February 26, 1990, the Punjab Government amended Punjab Financial Rules Volume II by Punjab Financial (First Amendment) Rules Volume II, 1990. Apart from other items, the following substitutions were made pertaining to incidence of leave salaries and incidence of pensions :

(3.) THE petitioner retired from service of the Board w.e.f. May 31, 1993 on attaining the age of superannuation of 58 years. The petitioner had served for 31 years 4 months and 22 days with the respondent -Board and if he had worked with the Board for 33 years, he would be entitled to maximum pension and other maximum pensionary benefits. As per the decision, dated March 16, 1992 (Annexure P.4), referred to above, if entire service of 5 years 8 months and 24 days rendered by the petitioner in the CPWD was reckoned as qualifying service, the petitioner would have much more than 33 years service to his credit for purpose of pension. However, on July 21, 1993, Secretary of the Board, issued an order (copy Annexure P.5) that benefit of one year 7 months and 9 days out of the total service rendered by the petitioner with the CPWD be counted as qualifying service to complete 33 years service for purpose of maximum pension. Reference was also made to the earlier order issued by the Board dated March 16, 1992 (copy Annexure P.4).