J.S.Khehar, J. - (1.) The petitioner was appointed as a Labour Welfare Inspector, in the first instance, in the Labour Welfare Board in 1982. He was thereafter appointed as a Labour Inspector Grade-I in the Labour Department On 29.11.2001, the petitioner tendered his resignation from employment so as to enable him to contest elections to the Punjab Vidhan Sabha from Amloh constituency, scheduled to be held in February, 2002. By an order dated 31.12.2001, the resignation of the petitioner was accepted, and he was relieved from his duties.
(2.) Since the Returning Officer rejected the nomination papers filed by the petitioner, and since the petitioner could not contest elections to CWP No. 6616 of 2004 Page numbers the Punjab Vidhan Sabha, he submitted a representation dated 4.2.2002, seeking permission to withdraw his resignation so as to enable him to rejoin his duties as Labour Inspector Grade-I. The aforesaid request of the petitioner was declined by an order dated 18.6.2002. Dissatisfied with the aforesaid order, the petitioner approached this Court by filing Civil Writ Petition No.2528 of 2003. Suffice it to state, that while disposing of the aforesaid writ petition, this Court did not accept the prayer of the petitioner for reinduction into service. The aforesaid writ petition was, however, disposed of by requiring the respondents to pay the petitioner such dues as he was entitled to. In considering the claim of the petitioner on the issue of dues payable to him, the Labour Commissioner, Punjab, passed an order dated 2.5.2003 (Annexure P-3), inter-alia, denying the petitioner's claim for pension and gratuity. It is this aspect of the matter, which is subject matter of challenge at the hands of the petitioner through the instant writ petition.
(3.) In sum and substance, the contention of the learned counsel for the petitioner is, that since the petitioner has rendered more than ten years of qualifying service, he is entitled to pension under Rule 6.16(2) of the Punjab Civil Services Rules, Volume-II. Rule 6.16(2) of the Punjab Civil Services Rules, Volume-II is being extracted hereunder:- "6.16(2). In the case of a Government employee retiring on or after the 1st April, 1979, in accordance with the provisions of these rules after completing qualifying service of not less than thirty-three years or more, the amount of supperannuation, retiring, invalid and compassionate pensions shall be 50% of average emoluments as defined in rule 6.19-C of these rules subject to a maximum of (Rs.3,000/-) (Substituted vide CWP No. 6616 of 2004 Page numbers No.1/2/1/CSR Vol.II/91-Sr.AO(FD) dated 31.1.1992) per mensem. However, in the case of a Government employee who at the time of retirement has rendered qualifying service of then years or more but less than thirty-three years, the amount of pension shall be such proportion of the maximum admissible pension as such the qualifying service of thirty-three years, subject to a minimum of (Rs.375/-) (Substituted vide No.1/2/1/CSR Vol.II/91-Sr.AO(FD) dated 31.1.1992) per mensem...";