KULWANT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Smt. Kulwant Kaur has filed the present writ petition under Articles 226/227 of the Constitution of India and it has been prayed by the petitioner to the impugned order dated 29th November, 1999 (Annexure 10) be quashed, vide which she has been declared ineligible for the purpose of pension.

(2.) The case set up by the petitioner is that she joined the service of respondents as Steno-typist on 28.5.1975. She was promoted as Senior Assistant on 13.10.1998. She applied for voluntary retirement after completing 20 years of service on 25.11.1998. Respondent No. 2, after verifying the service of the petitioner from her service book, granted approval for her voluntary retirement. Resultantly, the petitioner was relieved from service on 26.2.1999. She was paid her gratuity and provident fund on 8.6.1999. On 29.11.1999 she received a letter from respondent No. 3 that respondent No. 4 has raised objection that she was not eligible for pension as she had not completed 20 years of qualifying service because she had proceeded without leave during her service which could not be counted for the purpose of her pension. The petitioner submitted many representations that she was not at fault. Once she has been relived by the employer after verifying her service book, now it is not open to it to say that she is not entitled to pension.

(3.) Notice of the writ petition was given to the respondents. A preliminary objection was raised by respondent Nos. 1 and 2 that the petitioner has come to this Court without availing the right of appeal under Section 237 of the Punjab Municipal Act, 1911. On merits, the stand of these respondents is that the petitioner is entitled to the benefit of pension after completing 20 years of qualifying service. Since she has not completed 20 years of qualifying service because she remained without pay for 4 years 8 months and 19 days, therefore, she is not entitled to the relief as claimed for.