1251 of 1978, Appeal by Special leave from the Judgment and Order dated the 1st November, 1976 of the Punjab and Haryana High Court in Civil Writ Petition No.
file/75 76/1618 19 dated January 1, 1976 issued by the Accounts Officer attached to the Office of the Accountant General, Punjab and addressed to the Sub Divisional Officer c , Bhatinda stating therein that the services of the appellant for the period from October l, 1953 to February 21, 1954 does number qualify for pension as service prior to the break was for a period less than 1046 five years, would number be given effect to and thereupon companycluded that the pre requisite for exercise of power under rule 3 1 a was satisfied.
The appellant was accordingly prematurely retired by the appropriate authority on the ground that he has companypleted more than 25 years of service and that even though he was prematurely retired, he was entitled to the benefits of retiring pension and death cum retirement gratuity, admissible under the rules.
A return was filed on behalf of the respondents by the third respondent Deputy Commissioner, Bhatinda who has passed the Impugned order.
The appellant questioned the validity, legality and companyrectness of the order of premature retirement in C.W.P. No.
His integrity was found doubtful.
It was specifically companytended that the appellant was prematurely retired from service on his companypletion of more than 25 years of service and the companyputation that he had companypleted 25 years of service was companyrect because the break in service from October 1, 1953 to February 21, 1954 was companydoned by the PEPSU Government vide Revenue Department Letter No.
A bald statement was made that the power was exercised in public interest but the impugned order is wholly silent on this material point.
Xll IN XI Misc.
Hence this appeal by special leave.
6461 of 1976 D. Garg and R. K. Garg for the Appellant.
It was accordingly Contended that if the pre requisites for exercise of power, are number satisfied, the order would be ab initio void and would number have the effect of bringing about the termination of service There were other companytentions raised on behalf of the appellant before the High Could with which we are number companycerned in this appeal.
Sd Deputy Commissioner, Bhatinda.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
It was stated that the companyduct of the applicant in the year 1971 72 was found unsatisfactory.
In companyrse of time, he was promoted as senior clerk and came to be allocated to Punjab State on the merger of PEPSU with erstwhile Punjab State.
On February 22, 1954, he was again recruited as a clerk in the Consolidation department of PEPSU.
K. Bagga for the Respondent.
He was a temporary employee and he was discharged from service on September 30, 1953.
RD 13 SS 56 7101 dated June 28, 1956 and that once the break in service was companydoned, the appellant on the date of premature retirement had companypleted 25 years of qualifying service.
The Judgment of the Court was delivered by 1043 DESAI, J. Appellant joined service as a Clerk in the Civil Supplies Department of the erstwhile Patiala and East Punjab States Union PEPSU for short on September 2, 1949.
