MOHINDER SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) PETITIONER joined as a Mali on daily wages in the office of respondent No. 3 and his services were later on regularized vide order dated 07.04.1998 (Annexure P -2). The petitioner retired from the service on attaining the age of superannuation w.e.f. 30.06.2008. In this manner, the petitioner rendered total regular service of 9 years 11 months and 27 days in the respondent department. The petitioner was denied pension and other retiral dues on the ground that his regular service was less than 10 years as required under Rules 6.12 and 6.16 of the Punjab Civil Services Rules Volume -II. As may be seen, the 'regular service' of the petitioner fell short by three days due to which he has been denied retiral benefits. Aggrieved by this, the petitioner has approached this Court.

(2.) RESPONDENTS have filed their affidavit/reply by maintaining that the 'regular service' of the petitioner was shorter by three days to 10 years, therefore, he does not fulfill the minimum eligibility condition.

(3.) THE petitioner's claim is better than that of Vijay Kumar Tulani, Clerk, inasmuch as the petitioner has served the respondents on regular basis for a period of 09 years 11 months and 27 days even if the service rendered by him on daily wages is over looked. Thus, the petitioner cannot be discriminated.