1 S.B. CIVIL WRIT PETITION NO.4190/2008. (RAM CHANDRA VS. STATE & ORS.) DATE OF ORDER : 08.07.2008. HON'BLE MR. GOVIND MATHUR, J. Mr. Y.P. Khileree for the petitioner. By this petition for writ, the petitioner is claiming pensionary benefits. As per the petitioner, he entered in the services of the respondents being appointed as Teacher on 20.07.1960 and on 31.08.1980 he was transferred from Government Senior Secondary School, Jogiwala to Government Middle School, Rajaldesar, however, due to ailment he failed to join the duties at Rajaldesar till 21.06.1985. Subsequent thereto, despite his all efforts, he was not permitted to join the duties and ultimately he acquired the age of superannuation. The petitioner by treating himself retired from service is claiming the pensionary benefits. It is pertinent to note that before filing this petition for writ, the petitioner preferred a writ petition being 2880/90 seeking a direction for respondents to permit him to join the duties. The petition aforesaid was dismissed being belated and a special appeal preferred against that also came to be rejected on 2 12.09.2007. The order passed by the Division Bench in DBCSA (W) No.722/1997 affirming the judgment dated 23.05.1997 in SBCWP is available on record as Annexure 6. From reading of the facts stated in the judgment referred above, it is apparent that the petitioner abandoned the services. A person abandoning the service is not at all entitled for retiral benefits, if he has not completed qualifying service. In the instant matter, the petitioner as a matter of fact remained absent from duties after 1965 to 1967 and thereafter also in the year 1980. It is also admitted position that the period of the absence of the petitioner for the year 1965 to 1968 was treated as absence without leave. The period of absence without leave cannot be taken into consideration for determining of qualifying service. In any case, the petitioner has not completed the qualifying service and he has also abandoned the service, therefore, his claim for retrial benefits is absolutely ill-founded. The petition for writ, therefore, is dismissed. (GOVIND MATHUR)J. Anil/