GIRDHARI LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner in the present case has staked his claim to the entitlement to pension, which has been denied to him by the State Government.

(2.) Briefly the facts of the case leading to the filing of the present writ petition are that the petitioner had served as a Lance Naik in the Indian Army. He had joined the Indian Army prior to the partition of the Country on 31st Jan., 1943 and had served upto 15th Oct., 1948. The petitioner was discharged from the Army because of the reduction in the strength of the Armed Forces. Though the post was pensionable, yet the petitioner was not entitled to pension as he did not have the qualifying service. Thereafter, the petitioner was appointed as a Foreman/Mechanic in the Bhakra Main Line, Patiala, under the control of the Punjab Government, on 3rd Sept., 1949 and served upto 6th July, 1956, when he was retrenched from the service of the Bhakra Main Line due to the completion of the work. According to the averments made in the petition, the petitioner was again appointed as Mechanic in the Tubewell Civil Division, Malerkotla, against a permanent post on 6th Jan., 1957. However, according to the written statement, the petitioner had joined as such on 3rd Dec., 1957. The petitioner was further promoted as Chargeman with effect from 17th Jan., 1959 and Foreman with effect from 11th Sept., 1967 and Special Foreman with effect from 13th Aug., 1969. He was retired from service as a Special Foreman on 31st Oct., 1977, on attaining the age of superannuation. As observed inthe opening paragraph, the petitioner was denied the benefit of pension, which necessitated the filing of the present writ petition.

(3.) The argument of the learned counsel for the petitioner is that the petitioner's service right from his induction in the Army since 1943 has to be reckoned for the purpose of pension. For this reliance was placed on Rule 4.3(a) and Notes thereunder of the Punjab Civil Services Rules, Volume II (hereinafter called the Rules). He has further submitted that the break in service from 6th July, 1956 to 3rd Dec., 1957 is liable to be condoned under Rule 4.23 of the Rules.