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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Bhagwat Singh Tanwar – Appellant
Versus
Haryana State Minor Irrigation & Tubewells Corpn. – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. The prayer in the instant writ petition under Article 226/227 of the Constitution of India is for issuance of a writ in the nature of Certiorari quashing the impugned order dated 7.5.2002 conveyed on 31.05.2022 (Annexure P-14) and a writ of Mandamus directing the respondents to grant him retiral benefits after calculating the same on the basis of last pay drawn by him such as gratuity, leave encashment etc. for the service rendered by him along with interest at the rate of 18% on delayed payment.
2. Learned Counsel for the petitioner inter alia contends that the petitioner was appointed as an Assistant Geologist by the Government of India on 04.12.1965 pursuant to his selection by the UPSC. Thereafter the petitioner was transferred to the Haryana Industries Department, Government of Haryana and he joined his duty on 15.09.1970 without any break in service. Subsequently the petitioner was sent on deputation to the respondent- corporation on 27.10.1972. The Board of Directors of the respondent- corporation took a conscious decision to permanently absorb the petitioner as Senior Geo-Hydrologist-II. On his permanent absorption, the petitioner resigned
Government servant quitting or resigning without superannuation forfeits past service under CCS (Pension) Rules, 1972, rendering ineligible for pension (needs 20 years pre-1986), gratuity, leave enca....
The court upheld that a petitioner’s past service could be counted towards pension benefits under the CCS (Pension) Rules where explicit conditions of absorption allowed for such recognition.
The court affirmed the right to restore commuted pensions following guidelines set by precedents and statutes, quashing prior denials.
The acceptance and approval of the petitioner's resignation rendered him ineligible for pension benefits as per Rule 6 of Chennai Corporation (Superior) Service Pension Rules, 1970, and the precedent....
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