SHRI CHAMBA SINGH versus STATE OF PUNJAB AND ORS.

SHRI CHAMBA SINGH versus STATE OF PUNJAB AND ORS.

Forfeiture of service for the purpose of increment under Punjab Police Rules, 1934, does not affect the calculation of qualifying service for pension nor serves as a break in service for the purpose of compulsory retirement. The employee's right to receive increments alone is affected, not the period of qualifying service.

Parties
Appellant: Shri Chamba Singh; Respondents: State of Punjab and Ors.
Jurisdiction
India
Judgment Date
09 April 1997
Procedural Posture
Civil Appeal Nos. 1799 1800 of 1990 / Appeal From Punjab & Haryana High Court Judgment Dated 31.3.89
Outcome
Appeal dismissed
Legal Topics
Premature Retirement, Qualifying Service for Pension, Forfeiture of Service for Increment
Service Law Administrative Law Premature Retirement Qualifying Service for Pension Forfeiture of Service for Increment

Case Brief

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Parties

Shri Chamba Singh

Appellant

State of Punjab and Ors.

Respondents

Procedural Posture

Civil Appeal Nos. 1799 1800 of 1990 / Appeal From Punjab & Haryana High Court Judgment Dated 31.3.89

Legal Issues

  1. 1 Whether forfeiture of service for increment affects qualifying service for pension under the Punjab Civil Services (Premature Retirement) Rules, 1975.
  2. 2 Whether the appellant had completed 25 years of qualifying service for the purpose of compulsory retirement.

Ratio Decidendi

Forfeiture of service for the purpose of increment under Punjab Police Rules, 1934, does not affect the calculation of qualifying service for pension nor serves as a break in service for the purpose of compulsory retirement. The employee's right to receive increments alone is affected, not the period of qualifying service.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • No order as to costs.