- (1.) The petitioner worked as a Seed Production Officer on deputation to the Indian Agricultural Research Institute (IARI), New Delhi from August 1, 1972 to June 30, 1980. Prior thereto he served on deputation with the Institute from August 1, 1968 for two years with extension upto May 8, 1970. Initially the petitioner was appointed and selected to serve in the Directorate of Agriculture, Punjab and joined the department on September 3, 1959 as a direct recruit. The petitioner says he worked hard and earned very good reports and he was selected on deputation to serve on the post of Farm Superintendent in the Division of Agronomy at the IARI. While he was serving there he was selected and appointed as Senior Scientist on July 1, 1980 in the same Institute and worked there till December 31, 1985. From January 1, 1986 till the date of filing of the petition in 1993, he was working as Principal Scientist/ Head in the Indian Agricultural Research Institute at Karnal, Haryana.
(2.) In the remote past while the petitioner was employed with the Punjab Government he had resigned from the post of Agricultural Inspector in order to join the position offered in the IARI. His period of service in Punjab was in fact, as it appears from the case papers, with the Punjab Agricultural University, Ludhiana. He was released from the Punjab Government service on deposit of bond money executed by him with the Punjab Government on July 20, 1972 to mark his onward career. He says that his resignation was technical in nature and had to be antedated due to a technical hitch when he was asked to submit his resignation vide letter dated November 15, 1978. In this petition, he claims benefit of service rendered with the Punjab Government and cites Rule 7.5(2) page 123 of the Punjab Civil Services Rules, Vol. I, Part I (Main Rules) 1984 Edition for pro rata pension by clubbing service past and present. The Rule prescribes as follows:- "7.5(2) A resignation shall not entail forfeiture of past service if it has been submitted to take up, with proper permission, another appointment, whether temporary or permanent under the Government where service qualifies for pension."
(3.) The period of service claimed in the Punjab Government is from September 3, 1959 to July 31, 1972. His case for counting service rendered in the Punjab Government was rejected by the Director of Agriculture, Punjab, Chandigarh, vide letter dated September 15, 1979 for the reason that he resigned his post and therefore, the question of payment of pensionary benefits and liabilities did not arise. Similarly, the Joint Secretary, Department of Agriculture (Development), Punjab, again reaffirmed by his letter dated June 16, 1983 that the period from 1959 to 1972 could not be counted as service qualifying for pension under the Punjab Government.;