JANG SINGH GIANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The claim in this writ petition is for counting service of the petitioner w.e.f. 1.9.1967 to 1.1.1979 for the purpose of pension on the ground that he had worked during the relevant time. The second claim is that while releasing the DCRG in the year 1997, a sum of Rs. 10,317/- has been deducted without giving him any show cause notice or any explanation for the same. He prays that the said amount should also be paid to the petitioner. In reply, the stand taken is that the petitioner started contributing towards the CPF w.e.f. 1.1.1979 and consequentially his service from 1.9.1967 to 1.1.1979 could not be counted for the purpose of pension. It is further stated in the reply that it came to the notice of the audit party that the petitioner remained absent for the months of April 1992 to July 1992 and since he had taken salary for the said period, this amount had to be deducted from his DCRG.

(2.) As regards the first plea, counsel for the petitioner has relied upon a Division Bench judgment of this Court in Ramesh Tuli (Smt.) v. State of Punjab, 2007 3 SCT 791.

(3.) In the said case, the petitioner therein had been working in a school and prayed for counting her service w.e.f. 17.8.1965 to 30.8.1990 the date on which she had started contributing towards the CPF. A Division Bench of this Court held the action of the respondents to be wrong and while relying upon the judgment of the Hon'ble Supreme Court in Vasant Gangaramsa Chandan v. State of Maharashtra, 1996 4 SCT 403, held as follows:-