- (1.) This is a letters patent appeal against the judgment of the learned single Judge, by which C. W. P. No. 180 of 1973, filed by the respondent-writ-petitioner was allowed and he was granted benefit of service from 1925 to 1944 towards computation of his pension on his retirement during which period he served in the work-charged establishment.
(2.) The writ-petitioner was appointed as Road Inspector on September 12, 1925, in Public Works Department (B & R Branch). On June 20, 1944, he was promoted as officiating overseer and retired on April 30, 1957. Later on, he was re-employed for about three years but we are not concerned with that. The writ-petitioner was confirmed as Road Inspector with effect from March 1, 1953. After his retirement, his pension was fixed by giving him benefit of service from 1944 to 1957 but he was not allowed the benefit of service for the period 1925 to 1944 on the ground that during that period he was only a work-charged employee and was not entitled to the benefit of that period under the pension rules governing his case. The respondent-writ-petitioner filed a writ petition in this Court under Arts. 226 and 227 of the Constitution of India and claimed fixation of pension on the basis that he continuously served the State of Punjab from Sept. 12, 1925, till the date of his retirement, viz., April 30, 1957, without any break in service. In support of his claim, he relied on Rules 3.12 and 3.19 of the Punjab Civil Service Rules, Volume II (hereinafter referred to as the Rules).
(3.) The reply of the State was that the writ-petitioner joined the service in 1925 on Work-charged Establishment as Road Inspector and worked as such till June 20, 1944, and he was appointed as officiating Overseer with effect from June 21, 1944, and, therefore, he could not get the benefit of any rule contained in the Rules. Preliminary objection No. 4 in the written statement is as follows: "4. That the pay and allowances of the work-charged staff are debitable to the estimate of work concerned and in accordance with the provisions laid down in foot-note 4 of Rule 3.16 read with Rule 2.4 of the Punjab Civil Services Rules, Vol. II (1953 Edition), the work-charged period of the service of the petitioner w. e. f. 12-9-1925 to 20-6-1944 could never be accounted for as a period of qualified service for pension benefits.";