SARDAR KARTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has sought issue of a writ to quash order Annexure P.16 dated 27.11.1994 whereby the Director, Welfare of Scheduled Castes and Backward Classes, Haryana has rejected his claim for giving the benefit of service rendered by him between the years 1944 to 1949 for the purpose of pension.

(2.) The petitioner was appointed as Food Grain Supervisor in the Food and Supplies Department of the erstwhile State of Punjab with effect from 1.1.1945. He remained posted at Amritsar between 1.1.1945 to 20.3.1948. Thereafter he was transferred to Hoshiarpur where he served upto Nov., 1949. His service was terminated in Nov., 1949 due to the fact that the post held by him was declared surplus. He was once again appointed on 14.2.1950 in the Department of Welfare of Scheduled Castes and Backward Classes, Punjab. On the creation of the State of Haryana, the services of the petitioner were allocated to that State where he served upto 11.11.1975. The petitioner retired on 11.11.1975 on attaining the age of superannuation and he was granted pension and other retirement benefits by counting his service between 14.2.1950 and 11.11.1975. The petitioner made representations to the department authorities for counting his service between 1.1.1945 to Nov., 1949 for the purpose of pension and on being asked by the departmental authorities the petitioner produced certificate Annexure P-5 and letter Annexure P.10 dated 2.2.1994 written by the Director, Food and Supplies and Special Secretary to Government, Punjab, to the Director, Welfare of Scheduled Castes and Backward Classes Department, Haryana, showing that he had in fact served the Government of Punjab from 1.1.1945 to Nov., 1949. Thereafter, the claim of the petitioner for counting of service between 1.1.1945 to Nov., 1949 remained under correspondence between different authorities. Finally his claim has been rejected vide Annexure P.16 dated 28.11.1994. The petitioner has pleaded that in terms of Rule 4.21 read with Rule 4.23 of the Punjab Civil Services Rules, Volume-II, an interruption in service upto one year could be condoned in respect of officers retiring on or after 5.1.1961 and, therefor, the respondents should have exercised the power to condone the break in his service of about three months and fifteen days in order to enable him to get the benefit of service rendered by him from 1.1.1945 to Nov., 1949 for the purpose of pension.

(3.) The petition has been opposed by the respondent. In their reply, respondents 1 to 3 have stated that the Punjab Civil Services Rules, Volume I Part I came into effect with effect from 1.4.1953 and, therefore, the same could not be applied retrospectively and the petitioner who is said to have served the erstwhile State of Punjab between 1.1.1945 to Nov., 1949 is not entitled to the benefit of counting that service for the purpose of pension. The respondents have also pleaded that the power vesting in the departmental authorities to condone the break in service is discretionary and the petitioner cannot claim this benefit as a matter of right.