IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.7165 of 2011 Date of decision: 04.05.2011 Sube Singh …..Petitioner versus State of Haryana and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Rakesh Kumar Garg Present: Mr.R.N.Sharma, Advocate for the petitioner Jasbir Singh, J. (Oral) The petitioner was in part time employment of the Government. As per the Policy, his service was regularized on 12.4.1999. He retired on 31.5.2008. As per Rule 6.16(1) of the Punjab Civil Services Rules Volume II (in short, the Rules), as applicable to Haryana, Gratuity was paid to him, which he had accepted. Thereafter, with an intent of seeking Pension, he sent a legal notice, it was replied by the competent authority, vide which, he was intimated that he do not have qualifying service of ten years to his credit, to get pension as per the provision of Rule 6.16(2) of the Rules. The prayer was declined on 29.7.2010. By filing this writ petition, the petitioner has laid challenge to the above said order. His further challenge is to the provisions of Rule 6.16 (2) of the Rules, which reads thus:- CWP No.7165 of 2011 “6.16.2(2) – In the case of a Government employee retiring on or after the Ist April, 1979, in accordance with the provisions of these rules after completing qualifying service of not less than thirty three years or more, the amount of superannuation retiring, invalid and compassionate pension shall be 50% of average emoluments as defined in rule 6.19-C of these rules subject to a maximum of Rs.3000/- substituted vide No.1/2/1/CSR Vol.II/91-Sr.AO(FD) dated 31.1.92 per mensem. However, in the case of Government employee who at the time of retirement has rendered qualifying service of ten years or more but less than thirty three years, the amount of pension shall be such proportion of the maximum admissible, pension as such the qualifying service of thirty years, subject to a minimum of Rs.375/-. Substituted vide No.1/2/1CSR Vol.II/91- Sr.AO (FD) dated 31.1.92 per mensem (A few illustration are given in Annexure to this Chapter. (Substituted vide No.216/Vol.II/87-Sr.AO(FD) dated 15.5.1987.” As per the provision of this Rule, to be entitled to get pension, one is supposed to complete ten years in regular service. There appears to be a rational behind it. The employee has to earn the pension, it cannot be granted to everybody without taking note of the length of service in consideration. Those who do not have the qualifying service to their credit, are not entitled to get pension at the time of retirement, as per Rule 6.16(1) of the Rules, however, it is provided that the gratuity shall be paid to them at the scale provided in the rules. We feel that the object of the rule is very clear and counsel for the petitioner has failed to show to us that Rule 6.16(2) of the Rules violates 2 CWP No.7165 of 2011 any provision of the Constitution etc., on the basis of which it can be declared ultra vires. One has to get his pension after rendering qualifying service. No case is made out for interference. Dismissed. (Jasbir Singh) Judge 04.05.2011 (Rakesh Kumar Garg) gk Judge 3