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2019 Supreme(SC) 238

UDAY UMESH LALIT, INDU MALHOTRA
STATE OF PUNJAB – Appellant
Versus
GURBARAN SINGH – Respondent


Advocates Appeared:
Ms. Uttara Babbar, Advocate and Ms. Bhavana Duhoon, Advocate, for the Appellant; Mr. Kumar Shashank, Advocate, Ms. Rukhmini Bobde, Advocate, Mr. Nivesh Kumar, Advocate, Ms. Prachi, Advocate, Ms. Mahima Rai, Advocate, for Mr. Vishal Prasad, Advocate, for the Respondent.

JUDGMENT

Uday Umesh Lalit. J.

Leave granted.

2. This appeal challenges the judgment and order dated 31.08.2017 passed by the High Court of Punjab and Haryana at Chandigarh in Regular Second Appeal No. 1576 of 2015.

3. The respondent was appointed as a pharmacist by the Director Health Services, Punjab on 05.09.1975 in the pay-scale of Rs. 140-6-1030 on regular basis. During his tenure the respondent was posted at various districts. While being posted at Ferozepur, he tendered his resignation by letter dated 27.06.1986. The resignation was accepted by the Civil Surgeon, Civil Hospital, Muktsar, Punjab. The respondent, thereafter, filed various representations contending that he was entitled to pension and service benefits but was granted only gratuity and General Provident Fund.

4. The respondent being aggrieved by non grant of pension, filed Civil Suit No. 74 of 2009 claiming pensionary benefits in respect of service rendered by him. Since the appellants failed to file written statement, their defense was struck off. On 16.11.2012 the Civil Judge, Senior Division, Bathinda, decreed the suit and directed the appellants to pay to the respondent pensionary benefits with interest @ 9% per a

















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