RAJINDER CHOHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In the present writ petition, the petitioner is praying for issuance of a writ in the nature of certiorari for quashing the order dtd. 13/8/2021 (Annexure P-5), whereby the claim of the petitioner for counting the period of her contractual service from 13/5/1999 to 14/5/2003 for retiral/pensionary benefits has been rejected.

(2.) The brief facts of the case are that the petitioner was appointed on the post of Project Officer (Punjabi) initially for 06 months on contract basis vide order dtd. 13/5/1999 (Annexure P-1). The period of contract was extended from time to time. The petitioner was appointed afresh on the same post on regular basis vide appointment letter dtd. 14/5/2003 (Annexure P-2). The petitioner was to remain on probation for a period of one year which was extendable upto two years. Vide letter dtd. 4/10/2004 (Annexure P-3), the service of the petitioner was confirmed w.e.f. 15/5/2003. The petitioner retired on attaining the age of superannuation on 31/3/2020 vide order dtd. 2/3/2020 (Annexure P-4). After retirement of the petitioner, the petitioner made a representation to the respondents that the earlier period of service rendered by her on contract basis should be taken into consideration as a qualifying service for the purpose of retiral/pensionary benefits. In pursuance of the representation submitted by the petitioner, the respondent No.3 passed an order dtd. 13/8/2021 (Annexure P-5) whereby the claim of the petitioner for counting of her service rendered on contract basis from 13/5/1999 to 14/5/2003 as qualifying service for the purpose of retiral/pensionary benefits was rejected. Aggrieved against the order dtd. 13/8/2021 (Annexure P-5), the petitioner has filed the present writ petition.

(3.) Learned counsel for the petitioner submits that the earlier service rendered by the petitioner on contract basis w.e.f. 13/5/1999 to 14. 05.2003 should be treated as a qualifying service for the purpose of retiral/pensionary benefits. Reliance is made to Rule 3.17 of the Punjab Civil Services Rules Vol. II, as applicable to the petitioner.