IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CIVIL WRIT PETITION NO. 1819 OF 2008 DATE OF DECISION: May 08, 2008 Parties Name Ram Kishan ..PETITIONER VERSUS State of Haryana and others ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR JUSTICE K. C. PURI PRESENT: Mr. Jitender Nara, Advocate, for the petitioner. Mr. Harish Rathee, Sr. D.A.G., Haryana; JASBIR SINGH, J. (oral) Order. Vide order dated June 30, 2002, petitioner was ordered to be retired from service on medical grounds. He remained satisfied with the same and applied for getting retiral benefits. Matter kept on pending and at one stage, some objection was raised by the higher authorities by stating that his retirement has wrongly been recommended on the basis of report, given by the Chief Medical Officer, Jhajjar, whereas he was to be examined by a Board, constituted for the above said purpose. The Engineer in Chief, Department of Irrigation, observed that the petitioner has wrongly been CIVIL WRIT PETITION NO. 1819 OF 2008 -2- retired from service. Thereafter, the petitioner was put to medical examination before the Board and he was declared fit to be retained in service vide letter dated March 7, 2007, Annexure P-10. It is how the petitioner sought his re-instatement in service. It is apparent from the records that after 2002 till February 14, 2006, the petitioner remained satisfied with the order of his retirement and never agitated the same. It is only on the date mentioned above that he sent a legal notice. During the intervening period, he has also received some retiral benefits. Today, Shri Rathee has put on record order dated April 24, 2008 (R-1), wherein it has been stated that order dated June 28, 2002, retiring the petitioner stood withdrawn subject to his depositing the amount received by him , as mentioned in the above said order. In view of facts, mentioned above, we dispose of this writ petition. It is made clear that as the petitioner has not worked after 2002, till he rejoined, in view of the principle of no work, no pay, he shall not be entitled to claim any actual financial benefits, as has been observed by the Hon'ble Supreme Court in Union of India and another v. Tarsem Lal and others, (2006) 10 Supreme Court Cases 145. However, the petitioner shall be entitled to get all notional benefits. Period in question shall be counted for giving notional increments and towards qualifying service for pension . Petitioner has already joined on April 25, 2008. It is further made clear that if the petitioner had received any amount towards pension, that shall not be recovered from him. It is also directed that amount of interest, which has been included while calculating the amount , due from the petitioner,in order Annexure R-1, shall also not be recovered from him. Except interest CIVIL WRIT PETITION NO. 1819 OF 2008 -3- and pension amount, already received, he will have to repay the amount whatever he has received from the authorities concerned, as mentioned in document Annexure R-1. ( Jasbir Singh ) Judge ( K. C. Puri ) May 08, 2008. Judge DKC