DALBIR KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In the present writ petition, the petitioner has challenged the order dtd. 17/8/2022 (Annexure P-5), passed by respondent No.4 vide which the claim of the petitioner for refixation of her pensionary benefits by adding a period of 05 years to her qualifying service for superannuation pension, has been rejected.

(2.) Brief facts of the case are that the petitioner is a person with disability i.e. orthopedically handicapped. The petitioner was given compassionate appointment under the handicapped category on the post of Art and Craft Teacher vide appointment letter dtd. 25/1/1993 (Annexure P-3). The petitioner retired on 31/3/2010 after attaining the age of superannuation. At the time of retirement, the petitioner had rendered a qualifying service of 17 years.

(3.) After retirement, the petitioner served a legal notice dtd. 4/7/2022 (Annexure P-4) claiming that in terms of Rule 4.2 (4) of the Punjab Civil Services Rules, Volume-II (hereinafter referred to as 'the Rules'), as applicable to her, she was entitled to add a period of 05 years to her qualifying service for superannuation pension. The legal notice was duly considered by the respondents. However, the claim of the petitioner was rejected vide letter dtd. 17/8/2022 (Annexure P-5). A perusal of the reply (Annexure P-5) to the legal notice would show that the claim of the petitioner has been rejected on the ground that as the petitioner was appointed on compassionate grounds, as such, Rule 4.2(4) of the Rules, would not be applicable in case of the petitioner. Aggrieved against the abovesaid letter dtd. 17/8/2022 (Annexure P-5), the petitioner has filed the present writ petition.