ANGREZ KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In the present writ petition, the claim of the petitioner is for grant of benefit of service, which she had rendered prior to her joining in the Department of Homeopathy, Punjab in pursuance to appointment order dated 02.03.1995 (Annexure P/1) as a qualifying service for computing her pensionary benefits.

(2.) As per the facts mentioned in the writ petition, the petitioner was initially appointed as Typist in Sikh Gurudwara Tribunal, Punjab, which was working under the Election Department. In pursuance to the said appointment dated 05.01.1977, the petitioner started working there and was promoted to the post of Senior Clerk on 01.03.1979. Petitioner was further promoted to the post of Senior Assistant on 19.11.1987. Petitioner continued working with Sikh Gurudwara Tribunal till 12.03.1991, when the Tribunal was dissolved by the State Government. After the Tribunal was dissolved by the Government of Punjab, petitioner was relieved of the duties and a request was made by the petitioner and other employees at the relevant time, for being absorbed in other department of Government of Punjab. In the meanwhile Sikh Gurudwara Tribunal was reconstituted on 24.02.1992 and the petitioner made a request for her reinstatement on the post, on which she was working. Before the said request of the petitioner could be considered, she was selected in Department of Home Guards, Punjab on the post of Senior Assistant, on which post, the petitioner joined on 17.09.1992.

(3.) At the time of appointment of the petitioner in the Department of Home Guards, Punjab as Senior Assistant, the pay of the petitioner, which she was drawing while working with Sikh Gurudwara Tribunal, was protected. The post of the Senior Assistant in the Punjab Home Guards, on which the petitioner was appointed was abolished in September 1994 for want of sanction. The petitioner approached this Court by filing CWP-6277 of 1994 claiming absorption in any other department of Government of Punjab. During the pendency of the said writ petition, the petitioner was offered fresh appointment as Senior Assistant in the Department of Homeopathy, Punjab vide appointment letter dated 02.03.1995 (Annexure P/1) with certain conditions. Learned counsel for the petitioner states that the petitioner opposed some of the conditions, which were incorporated in the appointment letter dated 02.03.1995 such as; appointment was to be treated as fresh appointment and no benefit of previous service was to be extended to her. Said grievance was raised by the petitioner before this Court when CWP-6277 of 1994 came up for hearing. The objections raised in respect of the clauses mentioned in the appointment letter dated 02.03.1995, were not allowed by this Court while deciding the said writ petition. On attaining the age of superannuation on 30.04.2015, the petitioner retired from the Department of Homeopathy, Punjab and after the retirement, petitioner raised the claim for grant of benefit of service, which she had rendered in Sikh Gurudwara Tribunal from 11.02.1977 till 12.04.1991 as well as in Punjab Home Guards from 17.09.1992 till 28.02.1994 while computing her pensionary benefits. As the said benefits were not being extended to the petitioner, she approached this Court seeking relief of treating the service, which she had rendered with Sikh Gurudwara Tribunal from 11.02.1977 till 12.04.1991 as well as services in Punjab Home Guard from 17.09.1992 till 28.02.1994 as qualifying service for computing pensionary benefits.