IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.253 of 1996 (O&M) Date of decision:21.1.2010 Post Graduate Institute of Medical Education and research, Chandigarh -----Appellant Vs. Shri H.B.Joshi and another -----Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Mr. Munish Bhardwaj, Advocate for the appellant. Mr. G.S.Sathi, Advocate for respondent No.1. Mr. Jaswinder Singh, DAG.Pb. for respondent No.2 State. --- Adarsh Kumar Goel,J. 1. This appeal has been preferred against order of learned Single Judge allowing writ petition of the respondent-workman for counting his service with the State Government for pension. Direction was also issued for grant of arrears of pension from February 1, 1980 which LPA No.253 of 1996 (O&M) will carry interest at the rate of 12% per annum from the date of accrual till the date of payment. 2. The respondent worked as a Nursing Tutor under the State Government from 1950 to 1963 and thereafter joined establishment of the appellant i.e. PGI and served there from 1963 to 1980. For counting service for the purpose of pension, service rendered with the State Government was not taken into account. Accordingly, writ petition was filed in this Court in the year 1993. Learned Single Judge after considering the material on record held that the respondent had rendered service with the State Government from 7.4.1950 to 31.3.1963 and was, thus, entitled to count the said service for the purpose of pension. Accordingly, impugned direction was issued. 3. We have heard learned counsel for the appellant and perused the record. 4. Learned counsel for the appellant submits that the writ petition having been filed in the year 1993, direction for arrears should not have been beyond a period of three years preceding the filing of the petition and in these circumstances, grant of interest was not justified. He 2 LPA No.253 of 1996 (O&M) further submits that the appellant is entitled to recover from the State Government liability for the period of service rendered by the respondent with the State Government. He has referred to instructions dated 19.2.2003 and 28.10.1999 which have been issued by the Central Government under reciprocal arrangements with the State Government. Learned counsel for respondents could not rebut the submissions. 5. We find merit in the contentions raised. Accordingly, we modify the impugned order of learned Single Judge by limiting the grant of arrears to three years prior to filing of the writ petition without interest if the needful is done within three months from today. If payments are made beyond three months, the amount will carry interest at the rate of 9% per annum. As regards the liability of the State Government, the appellant will be at liberty to take steps in accordance with law. 6. The appeal is disposed of. (Adarsh Kumar Goel) Judge 3 LPA No.253 of 1996 (O&M) January 21, 2010 (Alok Singh) ‘gs’ Judge 4 LPA No.253 of 1996 (O&M) 5