S C MANCHANDA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Notice of motion. On our asking Mr. Ashok Aggarwal, Addl. A.G. Punjab accepts notice on behalf of respondent Nos. 1 to 3. The petitioner before his entry into the employment of the Excise and Taxation Department, Punjab rendered military service with effect from 19.6.1963 to 31.10.1974. It was the desire of the petitioner that the aforesaid service be treated as qualifying service for determining his pensionary benefits in addition to the service rendered by him with Excise and Taxation Department, Punjab. This request of the petitioner was accepted by the Excise and Taxation Commissioner, Punjab vide his order dated 28.10.2003. After the petitioner had deposited an amount of Rs. 7301, which he had received from the military authorities on account of gratuity and further amount of Rs. 20976/- on account of interest thereon.

(2.) After some time, it transpired that the order under reference which was allegedly passed under Rule 4.3(a) of the Punjab Civil Service Rules Volume II could have only been passed at the hands of the State Government. It is therefore, that the implementation of the order passed by the Excise and Taxation Commissioner, Punjab dated 28.10.2003 was withheld so as to await the confirmation of the aforesaid orders at the hands of the competent authority.

(3.) In order to achieve the aforesaid objective, the case of the petitioner was sent to the State Government for approval. This factual position emerges from the communication dated 24.3.2004( Annexure P-5) placed on the record of this case.