S B NARINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is a non-agenarian. He was a member of the Indian Administrative Service (for short 'the Service'). He was due to retire from service way back in the year 1952. He initially made a claim in the petition that he was still a member of the Service when he was appointed as a Member of the Punjab Public Service Commission (for short 'the Commission') with effect from 11th November, 1952. On completion of his tenure he retired and ceased to be a Member of the Commission in the year 1957 after he attained the age of 60 years. He, therefore, made a claim that the period for which he remained a Member of the Commission should count as qualifying service rendered by him, the pension payable to him should be re-determined on its basis and respondent No. 1 should be directed to pay him the pension as admissible under the rules. In support of his claim, he relied on regulation 8 of the Punjab State Public Service Commission (Conditions of Service) Regulations, 1958 (for short 'the Regulations'), as amended, - vide notification dated 10th August, 1972, Annexure P.2, which reads thus :

(2.) A Member holding office as such shall communicate the option referred to in sub-regulation (1) in writing to the Governor during his tenure as such Member, the option being once exercised being final;

(3.) If a Member exercising his option under this regulation has received any gratuity on retirement from his service under Local Body or any other body wholly or substantially owned or controlled by the Government, he shall refund :-