LAWS(P&H)-2009-4-368

GURCHARAN DASS Vs. STATE OF PUNJAB

Decided On April 23, 2009
GURCHARAN DASS Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The petitioner has claimed in this petition filed under Article 226 of the Constitution that the benefit of service rendered by him as Junior Engineer in the Punjab Housing Development Board, Chandigarh-respondent No. 3 (for brevity, 'PHDB') be granted to him from 7.10.1981 to 26.6.1986. In support of his claim, a certificate of experience issued by the PHDB has been attached.

(2.) It is undisputed that in pursuance to an advertisement, the petitioner was selected and appointed as Junior Engineer (Civil) with the P.W.D. (Public Health Branch) Punjab. An appointment letter dated 8.4.1986 (P-4) was issued to him. It has come on record that the petitioner rendered the service to the PHDB from 7.10.1981 to 26.6.1986 and then tendered his resignation with effect from 26.6.1986, as is evident from order dated 4.7.1986 (R-I). Thereafter he joined as Junior Engineer with the PWD (Public Health Branch) Punjab-respondent No. 1.

(3.) In order to succeed in his claim for counting of his past service from 7.10.1981 to 26.6.1986, the petitioner is required to satisfy the requirement of Rule 7.5 of the Punjab Civil Services Rules, Volume-I, Part-I (for brevity, 'the Rules'), which deals with forfeiture of service on resignation. The relevant provision of the rule is extracted hereunder, which reads thus: