IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 4355 of 1993. [O&M] Date of Decision: 24th February, 2011. S.P.Bhandari Petitioner through Mr. Ravi Kapoor, Advocate Versus The Punjab State Electricity Board & Anr. Respondents through Ms. Govind Goel, Advocate. CORAM: HON'BLE MR. JUSTICE SURYA KANT. 1. Whether Reporters of 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] The petitioner seeks a Mandamus for the counting of his three months' service from 15.06.1959 to14.09.1959 towards 'qualifying service' for the purposes of pension and other retiral dues. The undisputed facts are that the petitioner was appointed as a Temporary Engineer [Electrical] in the Public Works Department [Irrigation Branch], Government of Punjab on 9.6.1959 and he served as such till 23.5.1961. The petitioner thereafter joined the erstwhile Punjab State Electricity Board on 24.05.1961 and retired on attaining the age of superannuation on 30.11.1986. The service rendered by the petitioner in the Irrigation Branch w.e.f. 15.9.1959 to 23.05.1961 has already been counted towards qualifying service for the purposes of pension and other retiral benefits. However, the service rendered by the petitioner for more than three months from 15.6.1959 to 14.9.1959 has been excluded by the respondents being the 'period of Training', giving rise to these proceedings. The solitary question that arises for consideration is as to whether or not the three months spent by the petitioner on training deserves to be counted towards qualifying service? In order to appreciate the point involved in this case, it would be apposite to reproduce the contents [relevant only] of the appointment order dated 9.6.1959 [Annexure P-1] whereby the petitioner was appointed as a Temporary Engineer [Electrical] by the PWD [Irrigation Branch], Government of Punjab and the same reads as follows:- “I am directed to offer you an appointment as Temporary Engineer [Electrical] in the time scale of pay of Rs.250- 25-550/25-750. Your starting pay after completing the training period will be Rs.250/- PM with usual allowances as sanctioned by Government from time to time. You will have to undergo training for a period of three months or more, if necessary. During the period of training you will be allowed Rs.150/- PM with usual allowances as sanctioned from time to time. 2. You will be subject to the usages and regulations governing the service [ a copy of rules is sent herewith] as may be modified by Government from time to time. The interpretation to be placed on these regulations in case of any doubt arising is left to Government. 3. During the first month of your employment after training you shall be considered to be on probation”. [Emphasis applied] It may be seen that the petitioner was deputed to undergo training for a period of three months which was a post-appointment training and the petitioner was in government service for all intents and purposes while on training. The respondents at their own have counted the other part of same government service rendered by the petitioner towards the 'qualifying service' for the purposes of pension and other retiral benefits. It appears to be totally illogical to exclude the three months training period merely because during that period the petitioner did not perform his duties on the post against which he was appointed and had rather gone on training in compliance to the directions issued by the department. The said period can not be excluded from the qualifying service unless some statutory Rule expressly provides for on some rationale. The service conditions of the petitioner while in the service of the respondent Board were governed by the Punjab Civil Service Rules and Rule 3.23 of Volume II thereof reads as follows:- “Service as Apprentice does not qualify except in the following cases - Engineer or Examiner Apprentices”. [Emphasis applied] The above-stated Rule explicitly counts the apprentice service rendered during the training period by an Engineer. The petitioner also belongs to Engineering services. For the reasons afore-stated, the writ petition is allowed and the respondents are directed to count the service rendered by the petitioner w.e.f. 15.6.1959 to 14.9.1959 as a part of the qualifying service for the purposes of pension and other retiral dues. The petitioner shall also be entitled to other consequential service benefits. Let the needful be done within a period of three months from the date a certified copy of this order is received. Disposed of. Dasti. February 24, 2011. ( SURYA KANT ) dinesh JUDGE