Surinder Singh, J. - (1.)BY means of this petition, the Petitioner has sought the writ of mandamus directing the Respondents to grant/ sanction the pension in his favour, from the date of his retirement with all consequential benefits.
(2.)THE Petitioner joined service on 17.1.1987 as Driver in the Respondent -Corporation on daily wages. Thereafter, he was appointed on regular basis on and w.e.f. 14.9.1987. The Petitioner served three months advance notice seeking voluntary retirement on 3.4.2000, which was accepted by the Respondent -Corporation vide office order Annexure P -1 and it was ordered that the Petitioner would stand retired from the service w.e.f. 3.7.2000 (A.N.). The main grouse of the Petitioner is that he was not granted consequential pensionary benefits.
The Petitioner was Class -III employee of the Respondent -Corporation and his case is governed by the Himachal Pradesh Civil Services (Pre -Mature Retirement) Rules, 1976, whereby first proviso added to Sub -rule (2)(b)(ii) to Rule 3 of the aforesaid Rules, provides that any Government servant with satisfactory service record may, after giving notice of not less than three months in writing to the appropriate authority, retire from the service on completion of 20 years of service or 45 years of age, if such notice has been accepted by such appropriate authority.

(3.)THE aforesaid proviso to Sub -rule (2) to Rule 3 of the aforesaid Rules, implies that a Government Servant can seek the retirement either on completion of 20 years of service or 45 years of age or thereafter, but not before completion of 20 years of service or 45 years of age.