- (1.) For the reasons mentioned in the application, same is allowed and delay in filing the appeal is condoned. RSA No. 4729 and 4752 of 2011 (O&M) This judgment shall dispose of Regular Second Appeal Nos. 4729 and 4752 of 2011, as common questions of law and facts are involved in both the appeals. For reference, facts are taken up from the Regular Second Appeal No. 4729 of 2011.
(2.) Both the Courts below by interpreting Rules 4.19 and 6.16 of the Punjab Civil Service Rules, awarded pension to the plaintiff-respondent (hereinafter referred as 'the plaintiff), who had resigned after serving about 18 years of service. Hence, the State is in appeal.
(3.) The admitted facts are that the plaintiff had joined as Sectional Officer in the office of District Town Planner, Faridabad, with effect from 27.11.1987 and he submitted his resignation after serving the Government for 18 years, vide letter dated 01.11.2005, which was accepted by the Director, Town and Country Planning, Haryana, vide letter dated 25.11.2005 with effect from 30.11.2005 and he was relieved from service on that date. Thus, he had remained in service for 18 years and 04 months i.e. less than 20 years, which according to the appellants-defendants (hereinafter referred as 'the defendants'), was minimum service required for enabling an employee retiring from Government Service to become eligible for pension. However, the plaintiff has claimed that he having rendered this much service is entitled to the pensionary benefits.;