HAZURA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has sought a writ of mandamus directing the respondents to count the entire service rendered by the petitioner on temporary/ad hoc basis by condoning interruption on account of summer vacations for pensionary benefits.

(2.) Petitioner was appointed as J.B.T teacher on temporary basis on 19.8.1968 on the recommendation of the employment exchange, Jalandhar. The services of the petitioner was regularised with effect from 25.7.1970. Petitioner was promoted as Giani teacher with effect from 18.12.1973 and subsequently promoted as Punjabi Master on 13.7.1994. Petitioner retired on 31.12.2001. Petitioner has claimed that he is entitled to claim retiral benefits after taking into consideration his entire service with effect from 19.8.1968.

(3.) In reply, it has been averred by the State Government that only notional break of 30 days is condonable but there is gap of 138 days and thus, such break in service cannot be considered and counted for the purpose of gratuity and pension.