STATE OF PUNJAB Vs. AMAR SINGH CONSTABLE

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree of the first appellate Court which on appeal reversed the judgment of the trial Judge and decreed the suit of the plaintiff.

(2.) THE respondent (hereinafter referred to as the plaintiff) was enrolled as a constable in Government Railway Police on April 1, 1938 He continued to serve in that rank till September 14, 1977 when he proceeded on leave Preparatory to retirement He retired from service on February 28, 1978 on attaining the age of superannuation. He was promoted as a Head Constable vide order dated September 21, 1977 when he was on leave preparatory to retirement. He made a claim to the appellant to accord him pensionary benefits admissible to him as Head Constable. The prayer was declined necessitating the filing of the civil suit for mandatory injunction to the effect that the defendants be directed to award salary in terms of promotion order passed by the Inspector General of police. The appellant declined him the relief only on the ground that he never joined duties as Head Constable.

(3.) LEARNED appellate Judge found that the statutory rules did not permit any employee who has proceeded on leave preparatory to retirement to return to duty save with the consent of the authority empowered to appoint him. Rule 8. 43 (1) and (2) of the Punjab Civil Services Rules, Volume I reads thus.