MOTA SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed praying for issuance of a direction to the respondents to grant pensionary benefits to the petitioner in terms of order dated 16.5.2002 (Annexure P-5).

(2.) A perusal of the order (Annexure P-5) reveals that the order is in the context of one Ex-Constable Surjit Singh whereby Surjit Singh has been held entitled to payment of pension admissible as per service rendered by him. It seems that said Ex-Constable Surjit Singh was dismissed from service for reason of willful absence. The civil suit filed by him was decreed. The first appeal filed by the State of Punjab was dismissed. Thereafter, the State filed a Regular Second Appeal (Regular Second Appeal No. 2356 of 1996 titled 'State of Punjab v. Constable Surjit Singh') in this court, which was allowed. Accordingly, the suit filed by Ex-Constable Surjit Singh was dismissed. In the concluding portion of the judgment rendered by this Court in the case of Surjit Singh, it has been observed in the following terms :-

(3.) Having regard to the service of 15 years rendered by Ex-Constable Surjit Singh, in view of the observations made by the High Court in its judgment, the order of dismissal was modified by the authorities to the extent that Ex- Constable Surjit Singh was only held entitled to the pension admissible as per his length of service till the time of passing of order dated 25.11.1988, when he was dismissed from service by virtue of order (Annexure P-5). He was, however, not held entitled to other benefits, such as, Leave Encashment, Death-cum-Retirement Gratuity, etc.