CWP No.20260 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.20260 of 2009 Date of Decision: 21.07.2010 **** Harbhajan Singh Randhawa . . . . Petitioner VS. Chief Secretary, Punjab and others . . . . Respondents **** 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? **** Present: Mr. AS Goraya, Advocate for the petitioner Mr. H.S. Brar, Addl. AG Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner seeks a direction for counting of the service rendered by him as an Assistant District Attorney (Grade-II) in the Department of Prosecution and Litigation, Government of Punjab towards ‘qualifying service’ for pension and other retiral dues. (2). The undisputed facts are that the petitioner served in the above-mentioned capacity in the Department of Prosecution and Litigation, Punjab for a period of 10 years 5 months and 29 days before his appointment as Executive Officer in the Local Bodies Department, CWP No.20260 of 2009.doc - 2 – Government of Punjab where he joined as such w.e.f. 19.07.1989. The petitioner has retired as Executive Officer Class-I on attaining the age of superannuation w.e.f. 30.09.2002. The petitioner’s grievance is that for pension and other retiral dues the service rendered by him as Assistant District Attorney in the Prosecution and Litigation Department has not been erroneously counted. (3). Rule 9.12 of the Civil Services Rules Vol-II, inter alia, provides that when a Government employee on transfer to another Government Department retires, the pension and Gratuity shall be payable to him taking into consideration the service rendered by him in the previous Department. (4). In this view of the matter, the writ petition is allowed and the respondents are directed to release the pension and other retiral dues in favour of the petitioner within a period of two months from the date of receipt of a certified copy of this order after counting the service rendered by him in the previous Department i.e. the Department of Prosecution and Litigation, Punjab towards the ‘qualifying service’. (5). Ordered accordingly. CWP No.20260 of 2009.doc - 3 – (6). Dasti . (SURYA KANT) JUDGE 21.07.2010 vishal shonkar