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2013 Supreme(P&H) 347

Hemant Gupta, Ritu Bahri
Parkash Chand Nariala – Appellant
Versus
State of Haryana – Respondent


Advocates:
For the Petitioner:Mr. A.K.Goel, Advocate.
For the Respondent Nos.1 & 3: Ms. Mamta Singhal Talwar, AAG, Haryana.
For the Respondent No.2:Mr. Anand Chhibbar, Senior Advocate, with Mr. Vaibhav Sahni, Advocate.

JUDGMENT

Mr. Hemant Gupta, J.:- The petitioner, a retired Additional District & Sessions Judge from the State of Haryana, has invoked the writ jurisdiction of this Court for addition of the period at the Bar to service period qualifying for superannuation pension.

2. Though, in the writ petition, the petitioner claims such benefit in terms of Rule 4.2 of the Punjab Civil Services Rules, but during the course of arguments, learned counsel for the petitioner pointed out that such Rule has been deleted on 26.06.1983 when Rule 4.2-A has been inserted. The substituted Rule i.e. 4.2-A reads as under:

“4.2-A. An Officer appointed to a service or post may add to his service qualifying for superannuation pension (but not for any other class of pension) the actual period not exceeding one-fourth of the length of his service or the actual period by which his age at the time of recruitment exceeds twenty-five years or a period of five years, whichever is least, if the service or post is one –

(a) for which post-graduate research or specialist qualification, or experience in scientific, technological or professional fields is essential, and

(b) to which candidates of more than twenty-five years































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