OM PARKASH Vs. STATE OF PUNJAB, ETC.

JUDGEMENT

(1.) With the consent for the parties, the writ petition is taken up for final disposal at motion stage.

(2.) After putting in 37 years 2 months and 19 days of satisfactory service, the petitioner felt the urge to serve the community by becoming an MLA. He, therefore, applied for two months leave on 19.1.2002 to participate in the election process. Three days later, on 22.1.2002 he submitted his resignation as he had been given ticket by Bahujan Samaj Party for contesting the election to the Legislative Assembly. The petitioner lost the election and thereafter, made an application to rejoin the duty. He was, however, not permitted to rejoin. He, therefore, made a representation to the respondents for the grant of retiral benefits. This was also not accepted by the respondents. The petitioner has, therefore, filed this writ petition under Articles 226/227 of the Constitution of India, seeking the issuance of a writ in the nature of Mandamus directing the respondents to release the retiral benefits to the petitioner, on the basis of the service rendered by him up to the date his resignation was accepted.

(3.) The respondents have filed a written statement. It is stated that resignation of the petitioner was accepted on 23.1.2002. Retiral benefits cannot be released to the petitioner, in view of Rule 7.5 of the Punjab Civil Services Rules, Chapter VII of Vol. I Part-I.