GEETA DEVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has approached this Court for a direction to the respondents to grant her pensionary benefits. She joined the Department of Town & Country Planning, Punjab, as Steno Typist on 2.2.1988 and continued to serve up to 14.10.1999. Thereafter, she proceeded on leave. After availing the leave, the petitioner submitted her joining report on 25.6.2007 and on the same day sought voluntary retirement after tendering three months' salary. The same was accepted on 14.9.2007. The only prayer in the petition is that even if the period after the petitioner proceeded on leave on 14.10.1999 is not considered, prior to that she had 11 years, 8 months and 12 days service to her credit. In terms of Rule 6.16 -A(3) of the Punjab Civil Service Rules, Volume II, (for short, 'the Rules') the petitioner will be entitled to proportionate pension. In support of the plea, reliance was placed upon Ganga Bishan v. State of Haryana, : (1994 -3) 108 P.L.R. 691, State of Punjab v. Gurkeerat Singh,, 2002 (3) S.C.T. 623, and Mehar Singh v. State of Punjab and others,, 2003 (1) S.C.T. 453.

(2.) ON the other hand, learned counsel for the State very fairly submitted that the claim made by the petitioner is covered by judgments relied upon by her as there is no judgment taking contrary view.

(3.) THE issue regarding entitlement of pension to an employee, who retired rendering less than 20 years of service, has been considered by this Court in Ganga Bishan's case (supra), where the employee had rendered 18 years, 5 months and 15 days of service. While referring to Rule 6.16 -A(3) of the Rules, this Court held that an employee becomes entitled to grant of proportionate pension on completion of 10 years qualifying service. The plea raised by the State that an employee before completion of 20 years of service is not entitled to pension was rejected. Relevant para of the judgment is extracted below: -