ARUN MONGA,J. - (1.) Grievance of the petitioner, while invoking the writ jurisdiction of this Court under Articles 226/227 of the Constitution of India is qua impugned order dated 18.03.2013(Annexure P-3) whereby his claim for pension has been rejected on the ground that he does not have qualifying service of 20 years. Petitioner seeks issuance of a writ in the nature of certiorari to quash the impugned order claiming that the same has been passed erroneously by overlooking the material fact that he had rendered qualifying service of 24 years after adding his work charged service period, immediately prior to his regularization.
(2.) Brief factual narrative first, which is not in dispute. The petitioner was appointed as Lorry Cleaner in the respondent Corporation on work charge basis on 28.09.1976. His services were regularized on 18.08.1984. The petitioner request requested/offered to deposit the share of EPF along with interest from 01.03.1976 to 17.08.1984 to get the benefit of service rendered on work charge basis towards pensionary benefits. The said request of the petitioner was accepted and as directed, petitioner deposited an amount of Rs. 11,700/- for reckoning of his service in the light of circular issued by the respondent Corporation. On 22.08.2001, petitioner gave 3 months, notice and sought premature retirement. His request was accepted and petitioner was allowed to retire voluntarily on 31.12.2001. He was given benefit of leave encashment. However, he was not granted any pension. His request/claim for seek pension was rejected by the respondent vide impugned order dated 18.03.2013. Hence, the writ petition.
(3.) In the return filed on behalf of respondent, there is a conspicuous and stoic silence, perhaps deliberate, with respect to the specific averments of the petitioner that he had rendered total 24 years of service after computing work charge period prior to his regularization. It would not be out of place to reproduce the relevant specific assertion of the petitioner contained in para 6 of the petition and the corresponding response qua the same by the respondent PSPC. The same read as below:- Para No. 6 of writ petition:- That as enumerated above, the petitioner has done 8 years of service on the work charge basis and the breaks in the above said work charge service of 8 years stand condoned by the respondent department vide Annexure P-2 Supra and the petitioner after the regularization of his service has also deposited the amount of Rs. 11,700/- as calculation of interest as towards EPF. Hence, the respondent department has to consider this period of 8 years in counting the total qualifying service rendered by the petitioner for the purpose of pensionary benefits and by adding these 8 years, the total service rendered by the petitioner comes out to be 24 years and hence as per Punjab Civil Services Rules Volume II the petitioner is entitled to receive the pension." Response of respondent PSPCL to the above para:- That the contents of para 6 are wrong and hence denied. It is further submitted that the petitioner has rendered a regular service of 17 years 4 months and 20 days, which is less than 20 years of qualifying service for the purpose of pension. ;