LPA No. 834 of 2009 1 In the High Court of Punjab and Haryana, Chandigarh. LPA No. 834 of 2009 (O&M) Date of Decision: 28.01.2010 Dr. V.B. Kulshreshtha ....Appellant. Versus Punjab Agricultural University, Ludhaina and others ....Respondents. Coram:- Hon'ble Mr. Justice Adarsh Kumar Goel Hon'ble Mr. Justice Alok Singh Present: Mr. Sanjeev Pandit, Advocate for the appellant. Mr. Jatinder Singh, Advocate for the respondents. ... Adarsh Kumar Goel, J. (Oral). 1. This appeal has been preferred against the order of the learned Single Judge rejecting claim of the appellant for counting service rendered from 2.3.1978 to 18.7.1980 as Assistant Research Associate for pension. 2. The appellant joined service on regular basis w.e.f. 18.7.1980 on the post of Assistant Breeder and retired on 31.10.2006. He made a claim that service rendered by him earlier from 2.3.1978 to 18.7.1980 should also be counted, which claim was rejected on the ground that the said post was on a fixed salary and the appellant had given an undertaking (Annexure R- 1) that he will not claim benefit of the said service. 3. Learned counsel for the appellant submits that he had to give LPA No. 834 of 2009 2 the undertaking as his terminal benefits were held up and the undertaking being against the rules, the appellant could not be debarred from claiming the benefits of the said service. Reliance has been placed on Rule 3.5 of the Statutes adopted by the respondents, extracted below:- “3.5, Service rendered by an employee as work charged/stop- gap basis/adhoc basis as also paid from contingencies qualifies provided. (i) Such service is followed by the regular employment. (ii) Such service shall be full time job (and not part time or portion of the day).” 4. It has not been disputed that case of the appellant falls under the aforesaid rules. This being the position, claim of the appellant has to be allowed. His services for the period from 2.3.1978 to 18.7.1980 has to be counted for purposes of pension. 5. Accordingly, we allow this appeal and declare that the appellant will be entitled to have the period in question considered for pension. ( Adarsh Kumar Goel ) Judge ( Alok Singh ) Judge 28.01.2010 sk.