Rajesh Bindal, J. - (1.) The petitioner has approached this Court by filing the present petition praying for the quashing of the impugned order dated 17.1.2005 (Annexure P15), whereby the claim of the petitioner for counting his service rendered under the Punjab Government for pensionary benefits was rejected by the respondent -Punjab State Electricity Board (for brevity 'the Board').
(2.) Briefly the facts are that the petitioner was selected and appointed as Inspector in the Agriculture Department of the State of Punjab, in the year 1970. He joined his service as such on 6.6.1970. In the year 1978, certain posts of Apprentice Engineer (Mechanical) were advertised by the Board. The petitioner applied for the post through proper channel and was selected vide appointment letter dated 21.7.1987. As per the terms of the appointment, the petitioner was required to submit no objection certificate from the earlier employer, As a consequence of his fresh appointment with the Board, the petitioner resigned from his earlier job on 22.7.1978 giving one month's notice with a request for acceptance of the resignation with effect from 23.8.1978. On a further request of the petitioner for preponing the date of his resignation to enable him to join the Board within the stipulated time, the resignation of the petitioner was accepted with effect from 7.8.1978, subject to payment of salary for the notice period. On 7.8.1978 without any break, the petitioner submitted his joining report with the Board. After joining his service with the Board, the petitioner vide application dated 17.7.1980, requested for transfer of his amount of G.P.F., whereupon the Accountant General, Punjab, transferred the amount to the Board on 7.1.1981. The petitioner was due to retire on superannuation on 31.7.2004. Well before that date, vide letter dated 29.1.2002 (Annexure P8), the petitioner requested that the service period of 8 years and 2 months i.e. from 6.6.1970 to 7.8.1978 rendered by him with the Department of Agriculture of the State of Punjab, be counted for computing his qualifying service for grant of pensionary benefits. However, on his retirement, it was found that the service rendered by the petitioner with the Department of Agriculture of the State of Punjab was not counted towards his pensionary benefits. Accordingly the petitioner submitted another request on 8.10.2004 for granting the requisite benefits by treating the whole service as qualifying service for pension etc. However, the claim of the petitioner for counting his service rendered with the State of Punjab, prior to his joining service with the Board, was rejected by the Board vide impugned order dated 17.1.2005 which is subject matter of challenge in this instant petition.
(3.) In response to the claim of the petitioner, the Agriculture Officer submitted that the petitioner had resigned from his service at his own will and left the department to join a new service by applying through proper channel and a no objection certificate was also issued to the petitioner. As far as the Board is concerned, it is submitted that as the petitioner had served with the department of Agriculture of the State of Punjab for the period from 6.6.1970 to 7.8.1978, the liability for making proportionate payment of pension and gratuity rests on the State of Punjab. At the time of entry into the service of the Board, no understanding was given to the petitioner for counting his previous service rendered with the Department of Agriculture of the State of Punjab towards his pensionary benefits. As far as the cases referred by the petitioner in the writ petition, where the past service rendered with the other authority was counted by the Board towards pensionary benefits, it was submitted that in those cases respective contribution was made by the earlier employer, which has not been done in the present case. Accordingly, it has been pleaded that the cases are distinguishable.;