Judgment:
M.M. Kumar, J.
1. The petitioner has claimed in this petition filed under Article 226 of the Constitution that the benefit of service rendered by him as Junior Engineer in the Punjab Housing Development Board, Chandigarh-respondent No. 3 (for brevity, 'PHDB') be granted to him from 7.10.1981 to 26.6.1986. In support of his claim, a certificate of experience issued by the PHDB has been attached.
2. It is undisputed that in pursuance to an advertisement, the petitioner was selected and appointed as Junior Engineer (Civil) with the P.W.D. (Public Health Branch) Punjab. An appointment letter dated 8.4.1986 (P-4) was issued to him. It has come on record that the petitioner rendered the service to the PHDB from 7.10.1981 to 26.6.1986 and then tendered his resignation with effect from 26.6.1986, as is evident from order dated 4.7.1986 (R-I). Thereafter he joined as Junior Engineer with the PWD (Public Health Branch) Punjab-respondent No. 1.
3. In order to succeed in his claim for counting of his past service from 7.10.1981 to 26.6.1986, the petitioner is required to satisfy the requirement of Rule 7.5 of the Punjab Civil Services Rules, Volume-I, Part-I (for brevity, 'the Rules'), which deals with forfeiture of service on resignation. The relevant provision of the rule is extracted hereunder, which reads thus:
7.5 (1) Resignation from a service or a post, unless it is allowed to be withdrawn in public interest by the appointing authority, entails forfeiture of past service.
(2) A resignation shall not entail forfeiture of past service if it has been submitted to take up, with proper permission, another appointment, whether temporary or permanent, under the Government where service qualifies for pension.
(3) Interruption in service in a case falling under Sub-rule (2), due to the two appointments being at different stations, not exceeding the joining time permissible under the rules of transfer, shall be covered by grant of leave of any kind due to the Government employee on the date of relief or by formal condonation to the extent to which the period is not covered by leave due to him.
(4) to (6) xxx xxx xxx
4. According to Sub-rule (1) of Rule 7.5 of the Rules if a civil servant tendered resignation from a service or a post it entail forfeiture of past service unless of course it is permitted to be withdrawn in public interest by the appointing authority. However, Sub-rule (2) of Rule 7.5 carved out an exception that if resignation is tendered to take up, with proper permission, another appointment under the Government where service qualifies for pension then it is not to entail forfeiture of past service. Therefore, the cardinal element to avoid forfeiture of service is that proper permission to take up another appointment is required to be obtained. In the present case, the written statement reveals, that the petitioner never applied through proper channel. In para 3 of the written statement it has been categorically averred that the PHDB has confirmed vide its letter dated 11.12.1989 (R-II) that the application was not forwarded by the office of the PHDB. A perusal of the letter dated 11.12.1989 (R-II) shows that the application of the petitioner was never forwarded by the PHDB to the Secretary, Staff Selection Committee, PWD (Public Health Branch) Punjab, Patiala. A perusal of Clause 16 of the appointment letter dated 8.4.1986 (R-III) shows that if the petitioner had served in any Board or Corporation, no benefit with regard to seniority, pay or service was to be given to him and his pay would be Rs. 700-1200 as basic pay. Moreover, no replication to the written statement controverting the stand taken by the respondents has been filed. In the absence of fulfillment of the aforesaid requirement of Rule 7.5(2) of the Rules, the claim of the petitioner cannot be accepted.
As a sequel to the above discussion, this petition fails and the same is dismissed.