Rajinder Chohan v. State Of Punjab And ORS

 
 

   


   



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is praying for issuance of a writ in the nature of certiorari for quashing the order dated 13.08.2021 (Annexure P-5), whereby the claim of the petitioner for counting the period of her contractual service from 13.05.1999 to 14.05.2003 for retiral/pensionary benefits has been rejected. 2.

The brief facts of the case are that the petitioner was appointed on the post of Project Officer (Punjabi) initially for 06 months on contract basis vide order dated 13.05.1999 (Annexure P-1). The period of contract was extended from time to time. The petitioner was appointed afresh on the same post on regular basis vide -1-

appointment letter dated 14.05.2003 (Annexure P-2). The petitioner was to remain on probation for a period of one year which was extendable upto two years. Vide letter dated 04.10.2004 (Annexure P3), the service of the petitioner was confirmed w.e.f. 15.05.2003. The petitioner retired on attaining the age of superannuation on 31.03.2020 vide order dated 02.03.2020 (Annexure P-4). After retirement of the petitioner, the petitioner made a representation to the respondents that the earlier period of service rendered by her on contract basis should be taken into consideration as a qualifying service for the purpose of retiral/pensionary benefits. In pursuance of the representation submitted by the petitioner, the respondent No.3 passed an order dated 13.08.

2021 (Annexure P-5) whereby the claim of the petitioner for counting of her service rendered on contract basis from 13.05.1999 to 14.05.2003 as qualifying service for the purpose of retiral/pensionary benefits was rejected. Aggrieved against the order dated 13.08.2021 (Annexure P-5), the petitioner has filed the present writ petition. 3.

Learned counsel for the petitioner submits that the earlier service rendered by the petitioner on contract basis w.e.f. 13.05.1999 to 14.05.2003 should be treated as a qualifying service for the purpose of retiral/pensionary benefits. Reliance is made to Rule 3.17 of the Punjab Civil Services Rules Vol. II, as applicable to the petitioner. 4.

On the other hand, learned counsel for respondent No.3 submits that the services rendered by the petitioner on contract basis w.e.f. 13.05.1999 to 14.05.2003 cannot be taken into consideration as a qualifying service for the purpose of retiral/pensionary benefits for the -2-

reason that the services rendered by the petitioner on contract basis was not followed by regularization. Learned counsel for respondent No.3 further submits that the petitioner was appointed afresh vide appointment letter dated 14.05.2003 (Annexure P-2), as such, the previous service rendered by the petitioner on contract basis has rightly not been taken into consideration for the purpose of retiral/pensionary benefits. It is also the case of learned counsel for respondent No.3 that the appointment on contract basis cannot be held to be a permanent appointment or substantive appointment, as such, on this ground also the service rendered by the petitioner on contract basis cannot be taken into consideration for the purpose of retiral/pensionary benefits. * (



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7.

Taking into consideration the facts of the present case, this Court does not find any infirmity or illegality in the impugned order dated 13.08.2021 (Annexure P-5).

8.

Accordingly, the present writ petition is dismissed. 9.

Pending application(s), if any, shall also stand(s) disposed of.

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