KAMLA SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) While serving as Senior Assistant with the Punjab Water Supply and Sewerage Board at Chandigarh, the petitioner participated in the S.A.S. Examination of both Parts I and II for the absorption/appointment as Section Officer in the State of Punjab sponsored by Boards and Corporations. The petitioner was declared successful vide letter dated 19.8.1999. Consequent upon, letter dated 26.8.1999 from the Finance Department which is addressed to the Managing Director of the board for forwarding the names of the eligible candidates, he forwarded the same to the petitioner for obtaining her consent if she is willing to be appointed as Section Officer under the State Government. The name of the petitioner was forwarded by the Board. The offer of appointment was subject to conditions indicated in Annexure P-2. The petitioner seems to have given her consent for such appointment. Resultantly, the petitioner was appointed vide appointment letter dated 29.10.1999 (Annexure P-3). One of the conditions in the appointment letter is that service rendered by the petitioner in the Corporation/Board would not count towards pensionable period/benefits. The petitioner joined the govt. service on being relieved from her duties on 18.11.1999. The petitioner thereafter, requested the Managing Director of the Board vide letter dated 17.12.1999 for release of her gratuity and other service benefits for rendering twenty two and half years of service in the Board. Similar request was made time and again. The Managing Director of the Board vide his letter dated 16.3.2000 asked the Deputy Director, Finance Department (Local audit Wing), Punjab, Chandigarh that the petitioner is entitled to the benefits. After various correspondence, the petitioner having not received the retiral benefits like gratuity etc., has filed this present petition seeking a direction in the nature of mandamus for release of gratuity and leave encasement etc. alongwith interest for the long service of twenty two years and half rendered with the Board. The Board in its reply, has relied upon Rule 5.3 (2) of the Punjab Civil Service Rules and pleaded that she is not entitled to retiral benefits. On the one hand, the Board denied the right of the petitioner for any service benefit and on the other hand in para 7 in the reply, a reference was made to the letter of Managing Director whereby, the local Audit Wing is being asked to grant such benefits as such employee are benefited. It is further stated in this para that the final payment of any employee or ex-employee can only be released after the approval of Local Funds Accounts. Further reference is made to Annexure R-2 with the reply of the Board which is a communication sent by Deputy Director for Examiner, Local Funds Account Punjab, Chandigarh to the Managing Director, Punjab Water Supply & Sewerage Board, Chandigarh wherein, it has been conveyed that the case of the petitioner is not covered under Rule 5.3(2) of Punjab Civil Services Rules Vol.II and there is no rule or provision under which gratuity and leave encashment can be given to any employee, who left the job of his own accord to join new Organization and hence no benefit can be given to the petitioner.

(2.) The State Govt. has also stated that case of the petitioner is not covered under Rule 5.3(2) of Punjab Civil Services Rules.

(3.) Admittedly, the petitioner's case is not covered by this rule and that does not deprive the petitioner of his right to claim the gratuity. Learned counsel appearing for the Board further argued that under Rule 8.21, the petitioner is not entitled to any gratuity or leave encashment. For this, reference is made to Rule 8.21 clause A.