RAJ RANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition has been filed by Smt. Raj Rani, widow of one Kishan Chand, seeking direction to the respondents to treat the husband of the petitioner in service till 18.8.1986 and for other retiral benefits.

(2.) In brief shorn of superfluous details, the relevant facts are that the petitioner's husband who was driver in Punjab Roadways, Pathankot, retired from service w.e.f. 31.1.1986 on medical ground of invalidation under clause (b) of Rule 8.18 of Punjab Civil Services Rules, Volume-I, Part-I. The order was challenged in the High Court and during the pendency of the writ petition order dated 6.3.1987 by the General Manager, Punjab Roadways, Pathankot, vide which he has withdrawn the order of retirement of the petitioner's husband. However, he had ordered that the period from 1.2.1986 to 18.8.1986 is to be treated as extra-ordinary leave. This order has also been challenged through the amended writ petition. The effect of the order dated 6.3.1987 is that service of the deceased-driver for the period 1.2.1986 to 18.8.1986 is not to be counted towards pension.

(3.) I have considered the submission of the learned counsel for the parties and have perused the paper book. I am of the view that once order of compulsory retirement is withdrawn, there is no justification in the order that the service of the deceased from 1.2.1986 to 18.8.1986 is not to be counted towards pension and the period is to be treated as extra-ordinary leave. In other words, when the order of compulsory retirement is withdrawn, it will be deemed to have never been passed and period from 1.2.1986 to 18.8.1986 cannot be treated as extra-ordinary leave and is to be counted for purposes of pension etc.