- (1.) There is no representation for the petitioner. The counsel for the respondents are present. I have proceeded to examine the case on the basis of records and with the assistance of the counsel for the respondents and disposed off the case on merits. The petitioner's claim for pension is on the ground that even apart from the computation of the service period from 03.08.1994 to 31.05.2002, he should be given the benefit of service which he rendered earlier with the Board during an earlier occasion from 08.03.1970 to 31.01.1988. The petitioner's contention is refuted by stating that the previous service cannot be added and the interruption of service had been occasioned between 01.02.1988 to 03.08.1994 spreading over a period of 6 years, 6 months and 1 day and it cannot be condoned and the total number of years of service cannot be computed with reference to two different spells of employment.
(2.) The defence of the respondents to deny the petitioner's claim is by reference to clause 4.23 of Chapter V of the Punjab Civil Services Rules, Volume II which states as follows:- 4.23 In the absence of a specific indication to the contrary in the service record, an interruption between two spells of service rendered under the State Government shall be treated as automatically condoned, and the pre-interruption service shall be treated as qualifying service for pension purposes, except where the interruption has been caused by resignation, dismissal or removal from service or due to participation in a strike, but the period of interruption itself shall, under no circumstances, be reckoned as qualifying service for pension purposes.
(3.) The Section makes it clear that if the break in service has been occasioned on account of resignation, dismissal or removal, the period of interruption of service cannot be condoned. Even the order of appointment made under Annexure R-1 makes reference to the offer as a fresh appointment and there is nothing brought through any records that could allow for condonation of the break period or make possible the computation of the two different spells of service as a single service to entitle him for computation of pensionable service. The petitioner's claim cannot be sustained and it deserves to be dismissed and, accordingly, dismissed.;