SHIV DASS TYAGI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Shri Shiv Dass Tyagi, District and Sessions Judge (Retd.) has filed the present writ petition against the State of Haryana under Articles 226/227 of the Constitution of India and has sought declaration that he is entitled to special addition to qualifying service for the purpose of superannuation benefit as contemplated by Rule 4.2 of the Civil Services Rules. He has further made a prayer that directions be issued to the respondent to refix and revise his superannuation pension and the arrears to be paid along with interest.

(2.) In brief, the case set up by the petitioner is that he joined PCS (Judicial Branch) on the basis of PCS Examination held in 1954 and was appointed as a Sub Judge on 26.2.1956. At the time of joining service he was 25 years 11 months and 18 days old i.e. 11 months 18 days more than 25 years. On the re-organisation of the State of Punjab, he was allocated the State of Haryana. Thereafter, he was promoted from time to time and on being promoted as Additional District & Sessions Judge on 29.12.1971, he became a member of the Superior Judicial Service and started to be governed by the provisions of Punjab Superior Judicial Service Rules, 1963. He had more than 15 years qualifying service when he became the member of the Superior Judicial Service, Haryana. He retired as election grade District & Sessions Judge and total qualifying service for the purpose of pension was taken from 26.2.1956 to 31.3.1988 i.e. 32 years 1 month and 4 days. According to the petitioner, he is eligible to add to his service qualifying for pension the actual period by which the age at the time of appointment exceeded 25 years since the service on the post to which he was appointed was one for which specialist qualification like graduation in Law was essential. Now the petitioner says that he is entitled to add to his service qualifying for pension the actual period by which his age at the time of appointment exceeded 25 years. The case set up by the petitioner is that the period of 11 months 18 days be added in his qualifying service and in this manner his qualifying service becomes 33 years 22 days and, therefore, the benefit of Rule 4.2 be given to him for the purpose of calculating his pension.

(3.) Notice of the writ petition was given to the respondent. The respondent stated that the petitioner, in fact, sought the voluntary retirement from service w.e.f. 6.8.1987 which was allowed vide order dated 6.8.1987. The benefit towards superannuation pension under Rule 4.2-A of the C.S.R. Volume-II is available only when a person retires from the service on superannuation only and not for any other class of pension. The petitioner is, therefore, not entitled to the benefits under this rule because he neither retired at the age of superannuation nor he was granted superannuation pension. The writ petition is, therefore, liable to be dismissed. Moreover, the writ petition is bad for non-joinder of parties and Hon'ble Punjab and Haryana High Court has not been made a party in the present writ petition.