IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Reserved on : 15.01.2026 Pronounced on : 19.02.2026 Uploaded on : 20.02.2026 Secretary to Government of Haryana and another ......Appellants Vs.

Balwinder Kaur and another ......Respondents Whether only the operative part of the judgment is pronounced? NO Whether full judgment is pronounced? YES CORAM: HON’BLE MRS. JUSTICE SUDEEPTI SHARMA Present : Mr. Harish Nain, AAG, Haryana, for the appellants.

Mr. Arun Dosanj, Advocate, for respondent No.1.

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SUDEEPTI SHARMA J .

1. The present Regular Second Appeal is preferred against the judgment and decree dated 09.05.2008 passed by learned Additional Civil Judge (Senior Division), Panchkula, whereby, the civil suit filed by the respondent was decreed in her favour and the judgment and decree dated 23.07.2009 passed by learned Additional District Judge, Panchkula, whereby the appeal filed by the appellants against the judgment and decree dated

09.05.2008, was dismissed.

BRIEF FACTS

2. Brief facts of the case are that after completing Staff Nurse course for three years from the Chief Medical Officer, Karnal, the respondent-Balwinder Kaur was appointed as Staff Nurse w.e.f. 07.07.1971 at Karnal. She joined service on the same date. She was selected as Staff Nurse by the Subordinate Services Selection Board, Haryana and joined in Civil Hospital, Karnal in February, 1973. As per condition No.7 of the letter dated 7/8.02.1973, the services of the respondent were governed by the provisions of Punjab Civil Services Rules and relevant Subordinate Services (Recruitment and Conditions of Service) Rules. She was sent on deputation by the Director General, Health Services, Haryana, to the Director of Health Services, Chandigarh Administration, General Hospital, Sector 16, Chandigarh, in the year 1976 and she served as Staff Nurse in the General Hospital, Sector 16, Chandigarh, on deputation upto 13.03.1984. Due to unavoidable family circumstances, the respondent had resigned from service and her resignation was accepted by the Director General, Health Services, Haryana, on 20.03.1984 w.e.f 14.03.1984 while she was still posted at General Hospital, Sector 16, Chandigarh. It is stated in the civil suit that respondent was employee of the Director General, Health Services, Haryana, w.e.f 07.07.1971 to 13.03.1984 i.e. for 13 years on regular basis and therefore, she became eligible for all retiral benefits, such as monthly pension, D.C.R.G. General Provident Fund, leave encashment etc. as per Haryana Subordinate Civil Services Rules, but the same were not granted to the respondent. She sent various representations but did not get any response. She filed Civil Suit for all pensionary benefits and other benefits under the Haryana Subordinate Civil Service Rules along with other consequential reliefs. The Civil Suit filed by her was decreed in her favour by the Civil Judge (Senior Division), Panchkula, vide its judgment and decree dated 09.05.2008. The appeal filed by the appellants against the same was dismissed by learned Additional District Judge, Panchkula, vide its judgment and decree dated 23.07.2009. Hence, the present regular second appeal.

SUBMISSIONS OF THE LEARNED COUNSELS FOR THE PARTIES 3. Learned counsel for the appellants contends that both the Courts failed to appreciate the Rules applicable in the case of the respondent. He further contends that as per Rule 3.17 A (d) and Rule 4.19 (a) of the Punjab Civil Services Rules Volume II as applicable to the State of Haryana, resignation entails forfeiture of the past service for pension purpose. He further contends that both the Courts wrongly applied Rule 6.16(2), which relates to superannuation (retirement) whereas, respondent did not retire and she resigned, which is a voluntary act. Further that respondent resigned in the year 1984 and filed Civil Suit in the year 2006 i.e. after a delay of 22 years, therefore, Civil Suit is hopelessly time barred. Further that amount of interest granted by bo