IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.5193 of 2009 Date of Decision: September 10, 2009 Kashmir Kaur Gill .....PETITIONER(S) VERSUS State of Punjab & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. S.K. Rattan, Advocate, for the petitioner. Mr. B.S. Chahal, Deputy Advocate General, Punjab, for the respondents. . . . AJAI LAMBA, J (Oral) Challenge in this petition is to reply dated 28.3.2007 (Annexure P-4) to legal notice served on behalf of the petitioner. By way of legal notice, the petitioner claimed retiral benefits in view of length of service of the petitioner. The facts when considered in brief indicate that the petitioner after selection joined Punjab School Education Department in July 1965 and served till 1979. The petitioner applied for leave w.e.f. 2.5.1979 to 31.10.1979 which was sanctioned by the respondent authorities. The petitioner again made an application (Annexure P-2) for leave w.e.f. CWP No.5193 of 2009 [2] 1.11.1979. It has however not been indicated in Annexure P-2 as to till which date application for leave was given. Be that as it may, the petitioner did not join duty till the date of superannuation i.e. 31.3.2004. Stand of the respondents in this regard is that under Rule 3.17-A(2), Chapter 3 of the Punjab Civil Services Rules, Volume II, it has been provided that “An interruption in the service of a Government employee caused by wilful absence from duty or unauthorised absence without leave, shall entail forfeiture of the past service”. Confronted with the said stand, learned counsel for the petitioner wants to withdraw the petition. Dismissed as withdrawn. It is however directed that the respondents would consider the claim of the petitioner for release of General Provident Fund within a period of three months from the date of receipt of a certified copy of the order. (AJAI LAMBA) September 10, 2009 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?