Kashmiri Devi v. State Of Haryana & Os.
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1. Whether Reporters of Local Newspapers 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? )/6 "2 0"$7*8 '
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+ 3.17#A. (a) All service interrupted or continuous followed by confirmation shall be treated as qualifying service; the period of break shall be omitted while working out aggregate service. (b) Extraordinary leave counted towards increments under rule 4.9 (b) (ii) of Punjab Civil Services Rules, Volume#I, Part#I, will be accounted towards service qualifying for pension. (c) Periods of suspension, dismissal, removal, compulsory retirement followed by reinstatement will count for pension to the extent permissible under rule 4.17 of Punjab Civil Services Rules Volume#II read with rule 7.3 of the Punjab Civil Services Rules, Volume#I, Part#I.
(d) Resignation from the public service or dismissal or removal from it for misconduct, insolvency, inefficiency, not due to age, or failure to pass a prescribed examination will entail forfeiture of past service in terms of rule 4.19 (a) of Punjab Civil Service Rules Volume#II.
(e) An interruption in the service of a Government employee caused by wilful absence from duty and unauthorized absence without leave will as hitherto entail forfeiture of past service. [Explanation.- The willful refusal to perform duties by a Government employee by any means including pen down strike shall be deemed to be willful absence from duty.]2 (f) Employees retiring from Government service without confirmation (as temporary employees) in any post on or after 5 February, 1969 will be entitled to invalid/ retiring/ superannuation pension and death#cum#retirement gratuity on the same basis as admissible to permanent employees. In case of death of temporary employee in service his family will also be entitled to similar benefits as are admissible to the families of permanent employees. This concession will, however, not apply to:
(i) Persons paid from contingencies; provided that half of the period of service of such persons paid from contingencies rendered from 1st January, 1973 onwards for which authentic
< records of service is available will count as qualifying service subject to the following conditions:# (a) Service paid from contingencies should have been in a job involving whole time employment and not part time for a portion of day, (b) Service paid from contingencies should be in a type of work or job for which regular post should have been sanctioned e.g. Malis, Chowkidars, Khalasis etc.
(c) The service should have been such for which the payment is made either on monthly or daily rates computed and paid on a monthly basis and which though not analogous to the regular scale of pay should bear some relations in the matter of pay to those being paid for similar jobs being performed by staff in regular establishments; and (d) The service paid from contingencies should have been continuous and followed by absorption in regular employment without a break.
.─ While bringing contingent paid employee to the regular establishment an entry for verification of contingent service should be made at the appropriate place in his service book, preferably before making any entry regarding his regular service in the following manner:# "Service from __________ to ___________ paid out of contingencies verified from acquittance rolls and office copies of contingent bills". This entry should be signed by the Head of Office with date.
(ii) [Deleted].
(iii) Casual Labour;
(iv) Contract Officer; and [(v) Persons born on Contributory Provident Fund Establishment.] [(g) The entire service rendered by an employee as work charged shall be reckoned towards retirement benefits provided─ (i) such service is followed by regular employment;
(ii) there is no interruption in the two or more spells of service or the interruptions fall within condonable limits; and (iii) such service is a whole time employment and not part#time or portion of day.]
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1 & 1 $# 4.23 Interruption in service (either between two spells of permanent, or temporary service or between a spell of temporary service and permanent service or vice versa) in the case of an officer retiring on or after the 5th January, 1961, may be condoned, subject to the following conditions, namely:#
(1) The interruption should have been caused by reasons beyond the control of Government employee concerned.
(2) Service preceding the interruption should not be less than five years' duration. In cases where there are two or more interruptions, the total service, pensionary benefits in respect of which shall be lost if the interruption are not condoned should not be less than five years.
(3) The interruption should not be of more than one years duration. In cases where there are two or more interruptions, the total period of all interruptions to be condoned should not exceed one year.
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Shanno Devi vs.
State of Haryana and others 2013 (2) PLR 773, # $
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7. A perusal of the impugned order dated 17.6.2011, Annexure P3, would reveal that the claim of the petitioner has been rejected in the light of Rule 4.23 of Punjab Civil Services Rules, Vol.II holding that interruption in service between two spells can be condoned if the service prior to interruption is not less than five years and interruption in service between two spells should not be more than one year's duration. In the light of Rule 4.23, a view has been taken that since the adhoc service of the
, petitioner prior to interruption is less than five years and the interruption itself between the two spells of service is more than one year, accordingly, the service rendered by the petitioner on adhoc basis for the period 21.2.1974 to 5.8.1978 cannot be considered as qualifying service for the purposes of pension and gratuity.
8. I find that the respondent#authorities while passing the impugned order dated 17.6.2011, Annexure P3, have clearly proceeded on an erroneous premise. Rule 4.23 contained in Punjab Civil Services Rules, Chapter IV, Vol.II regulates Condonation of Interruptions and Deficiencies. The interruption in service as regards the petitioner between the spell of adhoc service and permanent service was clearly not condonable as the adhoc service rendered by the petitioner preceding the interruption was less than five years duration and such interruption itself was more than a period of one year. Be that as it may, the claim of the petitioner was not as regards condonation of such interruption in service i.e. the period between the initial adhoc service and followed by permanent regular service.
Rather the claim of the petitioner was to count the adhoc service rendered by her for the period 21.2.1974 to 5.8.1978 towards qualifying service and by omitting the period of break. Such claim of the petitioner stands squarely covered in the light of Rule 3.17#A of Punjab Civil Services Rules. 1 $!
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