Advocate Appeared:
For the Appellant :Mr. Vikas Chatrath, Advocate with Mr. Dharamvir Singh and Mr. Abhishek Singla, Advocates
For the Respondent:Mr. Anil Kumar Sharma, Advocate

JUDGMENT :

Namit Kumar, J.

The petitioner has filed the present writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus directing the respondent-Corporation to count the period from 08.03.1976 to 08.02.1980 as a qualifying service for the purpose of revised pay and pensionary benefits, along with interest @18% per annum and further seeking a writ of certiorari for quashing the impugned order dated 19.07.2017 (Annexure P-8).

2. The brief facts, as have been pleaded in the present petition, are that the petitioner had joined the service of respondent-Pepsu Road Transport Corporation, Nabha Road, Patiala as conductor on 01.09.1973. His services were terminated on 03.05.1976 and against the said termination, he had filed an appeal before the Chairman of the respondent-Corporation, which was dismissed on 09.08.1977, however, lateron again the petitioner approached the Chairman of the respondent Corporation by filing an application and the same was accepted and vide order dated 08.02.1980 (Annexure P-1), he was reinstated in service with immediate effect with clear understanding that he will not be given any wages for the period he remained out of service and he would remain on probation for a period of one year and his work and conduct would be watched by the Depot Manager, Sangrur and in case he is found guilty of any further mis-conduct, his service will be terminated without any notice. The petitioner retired from service, on attaining the age of superannuation, on 30.04.2010 and since he was not released his pensionary benefits, therefore, he submitted representation dated 16.05.2011 (Annexure P-3) to the respondent-Corporation. The case of the petitioner is that he has been granted pension w.e.f. 08.02.1980 by excluding the period from 03.05.1976 to 08.02.1980. The petitioner had approached this Court by way of filing CWP No. 17362 of 2011 and COCP No.1306 of 2013 along with application bearing No.CM-4270-CWP-2015 and in terms of the liberty granted vide order dated 21.07.2016 passed in COCP No. 1306 of 2013, the petitioner submitted another representation dated 16.08.2016 (Annexure P-7) claiming the benefit of revised pension. Thereafter, the respondent Corporation passed the order dated 19.07.2017 (Annexure P-8) denying the benefit of service from 03.05.1976 to 08.02.1980 for pensionary benefits. Hence this petition.

3. On issuance of notice of motion, short reply by way of affidavit of Smt. Poonamdip Kaur, IAS, Managing Director, Pepsu Road Transport Corporation, Nabha Road, Patiala, has been filed, wherein it has been stated as under

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3. That the prayer in the writ petition is for issuance of directions to the respondent to count the period of 08.03.1976 to 08.02.1980 for the purpose of revised pay and pensionary benefits. It has also been prayed for quashing of the order dated 19.07.2017 (Annexure P-8) being contrary to the order dated 08.02.1980 (Annexure P-1) and thereafter to grant necessary consequential benefits of revised pay, pension and pensionary benefits.

4. That at the very outset, it is humbly submitted that the pensionary benefits of the petitioner have been recalculated from the date of his joining the Corporation that is w.ef 01.09.1973 instead of the date of contribution of funds. It is further clarified that even the arrears as per entitlement arising thereof on account of revised pension/gratuity has been released as per order dated 28.03.2013.

5. That so far as the other grievance of the petitioner is concerned with regard to grant of notional annual increments on account of his reinstatement is concerned, it is submitted that the petitioner is not entitled for the same in view of Rule 4.23 of the Punjab Civil Service Rules, Volume-Il, Chapter IV. The Rule 4.23 of the same reads as under:

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4. Learned counsel for the petitioner submits that since the petitioner has been reinstated in service vide order dated 08.02.1980, therefore, the period fro