HARJIT SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER impugns the order dated 28.11.2011 (Annexure P -6), wherein his service of 4 years 7 months and 90 days was not counted for the purpose of qualifying service for pension, despite the order of the Hon'ble Supreme Court dated 4.5.1987 (Annexure P -1), whereby he was ordered to be reinstated in service.

(2.) NOTICE of motion was issued and pursuant thereto written statement was filed on behalf of the respondents.

(3.) ON the other hand, learned counsel for the State submits that since the Hon'ble Supreme Court did not grant the relief of continuity of service to the petitioner vide above -said order Annexure P -1, petitioner was not entitled for the said relief. Regarding suspension period, she submits that since petitioner remained under suspension for misconduct, he was not entitled for counting his suspension period for the purpose of qualifying service for pension. Learned counsel for the State also submits that petitioner retired in the year 2002, whereas he has approached this Court by way of instant writ petition after an inordinate long delay of about 8 years and thus, the petition was liable to be dismissed.