- (1.) Defendants State of Haryana and its authorities having been defeated in both the courts below have filed this second appeal. Respondent-plaintiff Mulkh Raj Mehta filed suit against defendants/appellants. It is undisputed that date of birth of the plaintiff is 15.11.1945. He passed LLB examination in the year 1968 and was enrolled as Advocate in July 1968 and started practice as such. He joined the service of defendants as Assistant District Attorney (ADA) on 18.12.1974. He retired on 30.11.2003 on attaining the age of superannuation. Minimum eligibility condition for the post of ADA was LLB pass and experience of three years as Advocate.
(2.) The plaintiff in the suit claimed benefit of Rule 4.2-A of the Punjab Civil Service Rules Volume II (CSR). The said Rule provides for addition of qualifying service to actual period of service for the purpose of pension, if the service or post is one for which post graduate, research or specialized qualification or experience in scientific, technological or professional fields is essential and to which candidates of more than 25 years of age are normally recruited. The scale and extent of the qualifying service that can be added under this Rule has also been provided therein. The plaintiff alleged that he joined service at the age of 29 years 33 days and, therefore, claimed addition of service of 4 years 33 days (the period exceeding the age of 25 years) to his actual period of service for the purpose of pension.
(3.) Defendants, however, granted him benefit of qualifying service of 8 months 4 days only and pleaded that plaintiff is not entitled to add qualifying service of 4 years 33 days for the purpose of pension. Reliance in this regard was placed on Government instructions dated 05.03.2001.;