IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.5581 of 2002 Date of Decision:- 27.03.2008 Gurmukh Singh ....Petitioner(s) through Mr.Harnek Singh, Advocate vs. State of Punjab ....Respondent(s) through Mr.Mukesh Berry, Additional Advocate General, Punjab. *** CORAM:-HON'BLE MR.JUSTICE SURYA KANT. *** 1) Whether Reporters of the local papers may be allowed to see the judgment? 2) To be referred to the Reporters or not? 3) Whether the judgment should be reported in the Digest? *** SURYA KANT, J. (ORAL) In this civil writ petition, the petitioner seeks a writ in the nature of Mandamus to direct the respondents to grant him pension and all other retiral benefits in terms of order dated 27.11.2001. Notice of motion was issued and in response thereto, respondents No.1 and 2 have filed their reply opposing the petitioner's claim. Learned counsel for the petitioner, however, contends that the controversy involved in this petition has already been answered in his favour by this Court in the case of Nathi Ram vs. State of Haryana , 1998 (4) RSJ 244, wherein it was held that since Rule 3.17 A(f) (i) of the Punjab Civil Service Rules Volume-II has already been struck down, the period of service when the petitioner had drawn his pay from the contingencies shall C.W.P.No.5581 of 2002 -2- also count in full for qualifying service for the purpose of computation of pension. The controversy in the present case also pertains to counting of the service period for which the petitioner was paid from the contingencies towards the qualifying service for pension. It, thus, appears that the ratio- decendi of the judgment in Nathi Ram's case (supra) is attracted to the facts and circumstances of the present case also. Consequently and for the reasons aforementioned, this writ petition is allowed in terms of Nathi Ram's case (supra). The respondents are directed to re-determine the pension and other retiral benefits after counting the service period during which the petitioner was paid from the contingencies. The needful shall be done within a period of four months from the date of receipt of certified copy of this order, failing which the petitioner shall be paid interest at the rate of 7% per annum. No order as to costs. March 27, 2008 ( SURYA KANT ) poonam JUDGE