LAWS(P&H)-2011-5-87

SURAJ PARKASH VERMA Vs. STATE OF PUNJAB

Decided On May 30, 2011
Suraj Parkash Verma Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Prayer in the present writ petition is for issuance of a writ of mandamus directing Punjab State Electricity Board, (now Punjab State Power Corporation), (hereinafter referred to as 'the Board') to count the past service of the petitioner with effect from 9.4.1969 to 22.1.1972 rendered by him with the Central Public Works Department-respondent No.3 as qualifying service for the purpose of pensionary benefits.

(2.) It is the contention of the petitioner that the petitioner was initially appointed as Sectional Officer (Electrical) with the Central Public Works Department-respondent No.3 on 9.4.1969 and he continued to work as such till 22.1.1972 when on the basis of an advertisement issued by the Board, the petitioner was selected and appointed as an Apprentice Engineer. He submitted his resignation to fulfil the administrative requirement which was duly accepted by respondent No.3 and on that basis the petitioner, after being relieved by respondent No.3, joined his duties on 24.1.1972. The petitioner retired as Superintending Engineer on 30.6.2003 from the Board. He represented to the Board for counting the past service, which he had rendered with respondent No.3 for the purpose of pensionary benefits, as qualifying service. The same was not done, however, the plea was taken by respondent No.2 that the contribution which was required to be made by respondent No.3 has not been made and, therefore, the said period will not be counted towards qualifying service. The petitioner was, thus, forced to file the present writ petition.

(3.) Upon notice of motion having been issued by this Court, respondents had put in appearance and filed their respective replies. The stand of the Board is the same. What has been stated by the respondent- Board is that a contribution of Rs. 1,33,733/- is required to be made by respondent No.3 towards the pension liability and death-cum-retirement gratuity (DCRG).