CWP NO.10541 of 1999 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 15.5.2009 Jagjit Singh ...Petitioner VERSUS State of Punjab & Others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.RK Arora, Advocate for the petitioner Ms.Charu Tuli, Sr.DAG, Punjab Permod Kohli, J. (Oral) The petitioner joined as Patwari on 16.7.1955 and retired from service on 30.6.1991 on attaining the age of superannuation. During the service period, the petitioner allegedly remained absent from duty w.e.f. 14.11.1972 to 2.10.1977. On 14.2.78 he applied for leave on medical grounds and was granted 320 days half pay leave with effect from 30.12.1971 to 13.11.1972 under Rule 8.119 of Punjab Civil Services Rules Vol.I Part-I and 1784 days without pay leave with effect from 14.11.1972 to 2.10.1977 under Rule 8.121 of the Punjab Civil Services Rules Vol.I Part- I. While calculating the period of services rendered by the petitioner, the respondents excluded the period from 14.11.1972 to 2.10.1977. The CWP NO.10541 of 1999 2 petitioner accordingly has filed this petition seeking a direction for counting the entire period of service as qualifying service for the purpose of pension and for granting the benefits of selection grade already sanctioned in favour of the petitioner. The respondents-State in its reply has only taken a plea that 1784 days without pay leave is not countable in service. Mr.Arora, learned counsel for the petitioner has relied upon Rule 4.7 of the Punjab Civil Services Rules Vol.II Chapter IV which reads as under:- “4.7 The time passed by a Government employee on leave of all kinds except extraordinary leave, other than that extraordinary leave counted towards increment under rule 4.9(b) of Volume I, shall count as service qualifying for pension.” It is contended that once the period of extraordinary leave is counted towards increment, then the said period has to be counted as service qualifying for pension. Rule 4.9 of the Punjab Civil Services Rules Vol.II Chapter IV deals with the counting of service for increments in time scale. The relevant extract of this rule is noticed here under:- “4.9 (b) (i) Service in another post other than post carrying less pay referred to in clause (a) of Rule 3.17, whether in a substantive, or officiating capacity, service on deputation out of India and leave except extraordinary leave taken otherwise than on medical certificate count for increments in the time-scale applicable to post on which the Government employee holds a lien, as well as in the time-scale applicable to the post or posts, if any, on CWP NO.10541 of 1999 3 which he would hold a lien had his lien not been suspended. (ii)All leave except extraordinary leave taken otherwise than on medical certificate and the period of deputation out of India shall count for increment in the time-scale applicable to a post in which a Government employee was officiating at the time he proceeded on leave deputation out of India and would have continued to officiate but for his proceeding on leave or deputation out of India. Provided that the competent authority may in any case in which it is satisfied that the extraordinary leave was taken for any cause beyond the Government employee's control or for prosecuting higher scientific and technical studies, direct that extraordinary leave shall be counted for increments under clause (i) or (ii).” Proviso to Rule 4.9(b) (ii) clearly provides that where the competent authority is satisfied that extraordinary leave was taken for any cause beyond the government employee's control, the extraordinary leave shall be counted for increments under Clause (i) or (ii). In the present case, the extraordinary leave has been sanctioned by the Government and the said period has been counted for increments as well. In view of the above, the period of extraordinary leave is liable to be counted as service qualifying for purpose of pension in terms of Rule 4.7. As far as the grant of selection grade is concerned, vide order dated 2.1.1984, the selection grade already stands sanctioned in favour of the CWP NO.10541 of 1999 4 petitioner, but the benefit has not been released so far. In view of the above, this petition is allowed. The respondents are directed to count the period from 14.11.1972 to 2.10.1977 as period for qualifying service for pension and consequently, the retiral benefits be re- determined and released to the petitioner within a period of four months from the date a certified copy of this order is received by the competent authority. As far as the grant of selection grade is concerned, the respondents may consider the claim for grant of selection grade within the aforesaid period and if the petitioner is found entitled to the same benefit, the same be also released to him alongwith consequential benefits. (PERMOD KOHLI) JUDGE 15.5..2009 MFK