NARESH KUMAR SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was appointed as Steno Junior Grade in the year 1997. He joined service on 27.8.1997 and earned promotions as Stenographer Grade II and Judgment Writer, respectively. It is alleged that due to unavoidable family problem, the petitioner served one month notice for resigning from service on 5.8.2008 and requested for acceptance of resignation w.e.f. 4.9.2008, Petitioner's resignation came to be accepted by respondent no.2 vide letter dated 11.8.2008 (Annexure P-2), without any caveat or condition. At the time of resignation, the petitioner had completed 11 years and 8 months of service. Thereafter, the petitioner requested for grant of pension. Respondent no.2 in whose office, the petitioner was serving, vide his letter dated 2.5.2009 (Annexure P-3) addressed to respondent no.3 sought clarification regarding entitlement of the petitioner for pension as per Rule 6.16 of the Punjab Civil Services Rules as applicable to the employees of the State of Haryana. Respondent no.3 vide his letter dated 12.5.2009 communicated to respondent no.2 that the petitioner is not entitled to retiral benefits. On that basis, the petitioner has been denied the pensionary/retiral benefits. This petition has been filed seeking a direction for grant of pensionary/retiral benefits alongwith interest at the Rate of 18%.

(2.) It is pleaded on behalf of the petitioner that the petitioner having completed 10 years of qualifying service is entitled to pro rata pensionary benefits, in accordance with service rules.

(3.) The respondents in their reply, however, resisted the claim of the petitioner on the ground that under Rule 3.26(e) of the Punjab Civil Services Rules Volume I Part I read with Rule 5.32 B of the Haryana Civil Services Rules Vol.11, the petitioner is not entitled to pension, gratuity or any other pensionary benefits, he having resigned from the post by giving one month notice only. It is further stated that the petitioner having neither completed 20 years of qualifying service nor attained the age of 55 years at the time of submission of resignation is not entitled to pensionary/retrial benefits.