JUDGEMENT
S.S. Saron, J. -
(1.) The previous service rendered by the petitioner in MES department for the period from May 1965 to September 1970 has not been counted towards qualifying service for pensionary benefits. The petitioner, therefore, by way of the present petition seeks quashing of the orders dated 6.10.1998 (Annexure P13) and 22.10.2002 (Annexure P16) whereby the aforesaid benefit of past service rendered by him has not been counted as qualifying service towards pensionary benefits by the Punjab State Electricity Board (Board - for short) (respondent -2). The petitioner also seeks a direction for counting the aforesaid service period of past service rendered by him in the MES department towards pensionary benefits in accordance with the instructions and judgment of this Court in the case of Er Satwant Singh Sandhu v/s. State of Punjab (CWP 6134 of 2000) decided on 23.8.2001 (Annexure P11). Besides, to calculate his pensionary benefits after adding the period of service rendered by him under the Chief Engineer, Chandigarh Zone, MES, Chandimandir (respondent -3).
(2.) The petitioner was appointed as temporary Superintendent/B&R Grade - I under the Chief Engineer, North -Western Zone, Western Command, Shimla (now at Chandimandir) in May 1965. During his service with the MES department, he submitted an application through proper channel for the post of Assistant Engineer (Civil) that had been advertised by the Board. The application was forwarded to the Secretary of the Board by the MES authorities. The petitioner was selected as Assistant Engineer (Civil) in the Board. As such, he tendered his resignation to the MES department so as to join the service of the Board. His resignation was accepted and he was relieved by the MES department on 30.9.1970 so as to enable him to join the Board. He joined the service of the Board on 1.10.1970 and thereafter was confirmed as Assistant Engineer (Civil) on 1.3.1991. On attaining the age of superannuation, he retired from the post of Assistant Superintending Engineer from the Board. The grievance of the petitioner is that the period of service rendered by him with the MES prior to joining the service of the Board has not been taken into account and that the same is liable to be counted towards qualifying service for the grant of pensionary benefits.
(3.) Reply in the case has been filed by the Board (respondent -2) as also by the MES authorities i.e. respondent -3.;
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