Period spent under compulsory retirement after exoneration and reinstatement

[Maqbool Ashraf]

A Punjab government servant was awarded compulsory retirement but later on, his review petition was accepted by the competent authority and he was exonerated, and the order for his compulsory retirement was set aside, but the period spent under compulsory retirement was adjusted as ‘leave of the kind due’.

Is the government servant in question entitled to ask for his retirement period to be treated as service as per Rule 7.3 CSR Punjab.

[Dr. Ashok Dhamija]

Rule 7.3 of the Punjab Civil Services Rules has several clauses which may be applicable depending on the facts of each case. If you feel that your facts are covered in a particular clause [such as in clause (2) thereof], then you can definitely ask the Government to apply such clause to you and if needed, you can even approach the appropriate court / tribunal with your grievance. Consult some lawyer with your detailed facts, if needed.

However, let me point out that, as far as I understand if the period spent under compulsory retirement has been directed to be treated as “leave of any kind due” and if you have sufficient leave available in your leave account, then that may be as good as treating such period as service.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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