JASBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in the present writ petition is for counting the previous service rendered by the petitioner in different departments for pensionary benefits which claim has been rejected by the State of Punjab vide order dated 19.2.2003 (Annexure P-18).

(2.) It is the submission of the petitioner, who has appeared in person, that before joining as Civil Judge-cum-Judicial Magistrate, Ist Class on 10.6.1992 on which post he continued till 13.6.2008 when he superannuated, the petitioner worked as a Clerk in the office of the Deputy Commissioner, Ropar from 6.10.1980 to 19.2.1987, as an Assistant in Punjab Small Industries and Export Corporation (PSIEC) from 20.2.1987 to 14.1.1991 (F.N.), Welfare Officer, Post Graduate Institute of Medical Education and Research, Chandigarh from 14.1.1991 (F.N.) to 9.6.1992 and as such, the said service should have been counted for the pensionary benefits as there is no break in service. The petitioner had applied for these posts through proper channel and had obtained necessary sanction/permission for joining the next post.

(3.) The petitioner contends that the requirement for the service to be counted for pensionary benefits in different departments is contained in Rule 3.12 of the Punjab Civil Service Rules Vol.II Chapter III, (hereinafter referred to as the Rules) which enumerates three conditions which are (i) that the service must be under Government; (ii) the employment must be substantive and permanent and (iii) the service must be paid by the Government. Since the petitioner who worked on all these posts fulfilled these three conditions, he was entitled to counting of the service for the purpose of grant of pensionary benefits. The only ground which the respondents have taken for not granting the benefit to the petitioner is that he had submitted his resignation from each of these posts prior to his joining the post of Civil Judge.