K.K. JOSHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, who was initially enrolled as a Pleader in the year 1953, was selected and appointed on December 2, 1963. He was promoted as District Attorney and then appointed as Joint Director (Prosecution and Litigation) in the State of Punjab. The petitioner retired on attaining the age of 58 years on April 30, 1989. The petitioner's grievance is that his pension has not been revised in accordance with the provisions of the rules as amended vide notification dated October 4, 1991.

(2.) Vide notification dated October 4, 1991, Rule 15 of the Punjab District Attorneys Service Rules, 1960 was amended and it was inter alia provided that the actual period of practice at the Bar not exceeding five years in the case of an incumbent of the post in whose case the minimum period of practice at the Bar has been prescribed five years .... shall be added to his service qualifying for superannuation pension and other retirement benefits. The petitioner claims that since he had almost put in 10 years at the Bar before his appointment as Assistant District Attorney, his pension deserves to be revised and fixed afresh with effect from October 4, 1991.

(3.) The respondent contests the petitioner's claim on the ground that the benefit of the amended rules is available only to those persons who have retired on or after October 4, 1991. According to the respondent, all persons who had retired on or before October, 3, 1991 are not entitled to the benefit of the amended provisions.