DR. KHARAK SINGH MANN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution seeks issuance of a writ in the nature of certiorari quashing order dated 6.6.1979 pre-maturely retiring the petitioner from service w.e.f. 12.11.1977 under Rule 3(2) of the Punjab Civil Service (Pre-mature Retirement) Rules, 1975. It has further been prayed that direction be issued to respondents 1 and 2, namely, the Secretary, Department of Agriculture, Punjab, Chandigarh and the Director of Agriculture, Punjab, Chandigarh respectively to fix the date of retirement of the petitioner after granting him leave preparatory to retirement. Another prayer has also been made for issuance of direction to respondent No. 2 to pay the petitioner his death-cum-retirement gratuity, payment of General Provident Fund and leave salary as alternative to the leave preparatory to retirement if not found due along with compound interest at the rate of 12% per annum.

(2.) Facts in brief necessary to decide the controversy raised in the instant petition are that the petitioner had acquired the degree of M.Sc. (Agriculture) from Punjab University in the year 1951. He worked as Lecturer-cum-Assistant Professor in Punjab Agriculture College, Ludhiana from 1948 to 1956 and then worked as Vice Principal, Extension Training Centre, Batala during 1956-57. He also worked as Agriculture Development Officer in the Government Agriculture College, Ludhiana from 1957 to 1962. In 1961 he acquired the degree of M.Sc. (Agricultural Economics) from Ohio State University, Columbus and he also did his Ph.D. from the same University in 1967. From 1962 to 1963, he worked as Professor in Government Agriculture College, Ludhiana and from 1963 to 1967 he worked as Deputy Director, Agriculture in the Erst-while State of Punjab.

(3.) The petitioner remained on deputation for various spells, firstly to Central Desert Development Board, Jaipur during the year 1967-68 and then to Food and Agriculture Organisation under the United Nations Organisation as Agriculture Production Economist from 1968 to 1975. On his return from the foreign assignment, he was sent on deputation and was posted as Managing Director/General Manager of the State Farms Corporation of India, New Delhi from 1975 to 1977 which is a Government of India undertaking. While the petitioner was still on deputation with the State Farms Corporation of India, he was offered another foreign assignment. The Government of India sought the approval of respondent No. 1 for sending the petitioner on foreign assignment vide its letter dated 14.4.1977 and the Punjab Government vide its letter dated 25.5.1977 intimated Government of India that they had no objection for placing the services of the petitioner at the disposal of United Nations for appointment as Farm Production and Management Development Advisor under the Food and Agriculture Organisation (for brevity, the F.A.O.) for a period of 12 months subject to terms and conditions of deputation. A copy of this letter dated 25.5.1977 has been placed on record as Annexure P-1. The petitioner has claimed that despite letter dated 25.5.1977, he was asked to take leave preparatory to retirement with effect from the date, he was to join the assignment with the F.A.O. Accordingly, the petitioner vide his letter dated 12.8.1977, Annexure P-2 sought leave preparatory to retirement. However, his application for grant of leave preparatory to retirement was not accepted asserting that the decision conveyed on 25.5.1977 vide Annexure P-1 granting permission to go on deputation for 12 months would still stand. A copy of the letter dated 1.3.1978 has been placed on record as Annexure P-3. The petitioner has drawn an inference from the aforementioned letter that respondents 1 and 2 were willing to treat the petitioner on deputation by relaxing the relevant rules and were not willing to grant him leave preparatory to retirement. On the other hand, the F.A.O. was willing to extend the deputation period for further 12 months and the petitioner applied for no objection from respondents 1 and 2. He requested respondent No. 1 vide letter dated 31.8.1978 to communicate him the date of retirement after granting him leave preparatory due to him (Annexure P-4). The Government of India on 21.9.1978 vide Annexure P-5 requested respondent No. 1 to take necessary action in the matter and intimate the same to the petitioner. However, for the first time it was mentioned that because of non-completion of cooling off period of 2 years provided by Rule 10.17 of the Punjab Civil Services Rules, Volume I, Part I (for brevity, 'the Rules') after returning from the deputation, he could not have been granted permission to go on deputation. It was in these circumstances that the Government of India sent the following request to respondent No. 1 :-