CWP No.10484 of 2007 1 In the High Court for the States of Punjab and Haryana, at Chandigarh. C.W.P.No. 10484 of 2007 Decided on April 03,2008. Kuldeep Kumar Narang --Petitioner vs. State of Punjab and others --Respondents. Coram: Hon'ble Mr.Justice Mehtab S.Gill Hon'ble Mr.Justice Rakesh Kumar Jain Present: Mr.Gaurav Bhayyia,Advocate,for the petitioner Mr. K.S.Dadwal,Addl.A.G.Punjab. Rakesh Kumar Jain,J: The petitioner was appointed as Pharmacist on 31.5.1982. He was put under suspension vide order No. E/6/1991/882-84 dated 20.2.1991 and his Headquarter was fixed at Ferozepur. The petitioner was reinstated into service on 8.4.2005 subject to the condition that disciplinary proceedings pending against him should not be effected by that order. The petitioner joined his service on 12.4.2005 and is in service. The enquiry marked against the petitioner was completed on 9.1.2006 by S.P. Kataria, ACS, Ferozepur,wherein the petitioner was found to be totally innocent as no charge was proved against him. After having been CWP No.10484 of 2007 2 absolved from the enquiry and the alleged charge for which he was put under suspension, the petitioner sought benefit of regular service alongwith consequential benefits on the ground that he has been made a victim for over a period of 15 years without his fault. Notice of motion was issued. Reply by way of counter affidavit has been filed by Dr. V.K.Verma, Senior Medical Officer/ Incharge, Primary Health Centre, Sito Guno, District Ferozepur, on behalf of all the four respondents. On the basis of a letter Annexure R-5 purported to have been written by the Director, Health and Family Welfare, Punjab dated 13.10.2006. The respondents have averred in para 8 of the written statement that the petitioner is not entitled to any other benefit except to the payment given to him for the period of his suspension. Learned counsel for the respondents has highlighted relevant part of Annexure R-5, which reads thus:- “In view of the enquiry report submitted by the enquiry officer, the suspension period of Sh. Kuldip Kumar Pharmacist P.H.C,Mamdot District Ferozepur from 20.2.1991 to 08.4.2005 is hereby treated as qualified service for pension purposes under Rule 7.3. Part-1 Vol-I of the Punjab Civil Service and the suspension allowance which the employee has received during the suspension period, he would not be entitled to receive any other amount in addition to the above”. We have heard learned counsel for the parties and have perused the record with their assistance. From the above observations in Annexure R-5, it is apparent that service of the petitioner from 20.2.1991 to 08.4.2005 i.e. the period during which he was put under suspension has been treated as qualified CWP No.10484 of 2007 3 service for pension purpose and suspension allowance, but it has been wrongly added that the petitioner would not be allowed to receive any other amount in addition to above. In our view, last line of the afore-quoted para from Annexure R-5 is totally arbitrary and unreasonable as no reason has been assigned for denying other benefits to the petitioners specially when his service w.e.f. 20.2.1991 to 08.4.2005 has been ordered to be treated as qualified service for pension purpose. In view of the above, the present writ is allowed. The respondents are hereby directed to release all the pending service benefits to the petitioner qua his suspension period as we hold the observations in Annexure R-5, ''that he would not be entitled to receive any other amount in addition to the above” is unreasonable and arbitrary and not binding against the interest of the petitioner. (Rakesh Kumar Jain) Judge April,03,2008 (Mehtab S.Gill) RR Judge