JASMER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was working as Gram Sewak in the office of the Block Development and Panchayat Officer, Respondent No. 3. After completion of qualifying service i.e. service qualifying for pension or attaining 50 years of age, he sent notice dated June 16, 1989, to the appropriate authority seeking retirement in terms of the provisions of Rule 3(2) of the Punjab Civil Services (Premature Retirement) Rules, 1975 , on the expiry of a period of three months. The petitioner, however, did not hear anything by way of reply. He ultimately made a representation dated July 27, 1992, which, too remained unheeded. He has filed the present writ petition seeking a writ of mandamus that as the respondent authorities failed to retire the petitioner, he may be deemed to have continued in service till date and he may be paid his salary and other benefits accordingly.

(2.) In reply to notice of motion, written statement has been filed by the Block Development and Panchayat Officer - respondent No. 3. It has been stated that notice of the petitioner seeking premature retirement dated June 16, 1989 had been accepted with effect from September 30, 1989 and a formal order to this effect was passed on April 19, 1993. With regard to processing of the pension papers and other retiral benefits, it has been stated that the petitioner himself submitted the requisite papers after August 5, 1993, and the same were forwarded to the Accountant General, respondent No. 2 without any delay. In the written statement filed by respondent No. 2, the action taken with regard to release of the retiral benefits of the petitioner has been set out in detail, with a view to showing that prompt action has been taken after the receipt of the necessary papers.

(3.) We have heard learned counsel for both the parties.