HARYANA STATE Vs. RAJINDER KUMAR

JUDGEMENT

(1.) This is defendants' second appeal challenging the judgment and decree of the lower Appellate Court dated 17.3.2011, whereby suit of the plaintiff-respondent for declaration to the effect that he is entitled to addition of five years period of his qualifying service for pensionary benefits and for re-fixation of service, with a further direction to release the arrears of his pension alongwith interest, has been decreed.

(2.) Briefly stated, the date of birth of the plaintiff-respondent is 4.6.1944. He passed L.L.B. from Punjab University on 2nd July, 1968 and started practicing as an Advocate at Sirsa from 1968 after obtaining the licence from the Bar Council of Punjab & Haryana, Chandigarh. He continued practicing as an Advocate till March, 1978 when he was selected for the post of Assistant District Attorney. He joined the post of Assistant District Attorney on 8.3.1978 and thus, at the time of joining of his service, he was having an experience of more than 09 years as an Advocate. He retired from the service of District Attorney, Faridabad on 30.6.2002. Pension payment order was issued in his favour and he was receiving regular pension.

(3.) According to him, as per Rule 4(2) of Civil Services Rules Volume-II,(herein referred to as CSR), he was entitled to Addition of Special period to his qualifying service for the purpose of pensionary benefits for 05 years in the following manner:-