PYARE LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this writ petition, the petitioner has prayed for the pensionary and retiral benefits. The petitioner joined service as a member of the Bhajan Party on 3.1.1978 and worked upto 31.7.1987. This is the admitted position as per para 3 of the written statement filed by the respondents. As per annexure R/2, the petitioner was taken in service on 12.10.1988 and remained in service uptil 31.3.1996. This period of service has been treated as contingent service and the exact period of service is 7 years 3 months and 19 days. However, respondents have held the total qualifying service as 3 years 9 months and 26 days. The reduction, as per learned counsel for the petitioner, is made in view of rule 3.17(A)(f)(i) of the Punjab Civil Service Rules Volume II. The relevant portion of the rule is reproduced as under :

(2.) So far as counting of the service in annexure R/2 concerned, the total contingent service should be 7 years 5 months 19 days instead of 7 years 3 months 19 days. However, that difference shall not make any material effect on the decision of this case.

(3.) The next question is regarding the break in service from 1.8.1987 to 11.10.1988. Learned counsel for the State has argued that one Net Ram was the leader of the Bhajan Party of which the petitioner was a member and Net Ram himself came back on 12.1.1988 but did not bring the petitioner along. Be that as it may, the petitioner was actually taken back on 12.10.1988, though according to respondent by Net Ram. The break in service is not shown to me as having occurred because of the lapse on the part of the petitioner. In view of the judgment of full bench of this court in Civil Writ Petition 2067 of 1997 titled Tek Chand and others v. State of Haryana and others, 1998 3 SCT 509 decided on 8.8.2001 , this gap has, therefore, to be condoned. It has been observed by he full bench as under :