- (1.) The claim of the petitioner is that on 14.1.1991, he joined as Deputy District Attorney with the Department of Director, Prosecution Haryana and later on he was promoted as District Attorney in the Prosecution Department, Haryana. It was on 6.8.2004, he resigned from the post of District Attorney, Prosecution Department, Haryana after depositing one month's salary and his resignation was accepted on 9.8.2004. On 10.8.2004, he was appointed as Member of the Haryana Public Service Commission vide Haryana Government Notification dated 10.8.2004 (Annexure P-1). It was on 23.8.2004, the petitioner wrote a letter to respondent No. 1 stating therein that his resignation be treated as deemed retirement in view of the provisions of Rules 5 of the Haryana Public Service Commission (Conditions of Service) Regulations, 1973 and Rule 4.19(b) of Civil Services Rules, Vol.-II and emoluments deposited may be refunded to him.
(2.) On 1.6.2005, the petitioner again sent a letter to respondent No. 1 requesting to refund the emoluments deposited by him in lieu of month's notice. The petitioner further stated that he had served the Department for 13 years 6 months and 25 days as such he is entitled to pension, gratuity and other retiral benefits as per provisions of Rule 6.16(2) of the Punjab Civil Services Rules, Volume-II as applicable to the State of Haryana. Vide letter dated 7.7.2005, the petitioner's request was declined. This led to the filing of the present petition by the petitioner.
(3.) Upon notice, the respondents resisted the claim by filing a joint written statement on behalf of respondent Nos. 1 and 2.;