M.L. Singhal, J.Petitioner Mehar Singh was appointed as Science Master in the Education Department of the State of Punjab on 1.2.1983. He served in various schools of the State of Punjab and resigned on 5.9.1995. His resignation was not being accepted. He filed C.W.P. No. 3570 of 1996 for mandamus directing the State of Punjab to accept his resignation. His resignation was accepted vide order Annexure P-1 with effect from 5.9.1995.

2. Through this writ petition, the petitioner is asking for mandamus directing the State of Punjab to release gratuity, GIS and other retiral benefits. He wants interest @ 18% per annum upto the date gratuity etc. are released to him. His contention is that he served as Science Master for more than 12 years. In case of resignation, only 12 years is required for being entitled to gratuity and other pensionary benefits.

3. State of Punjab has contested this writ petition urging that he is not entitled to any gratuity and other pensionary benefits in view of Rule 7.5(1) of the Civil Services Rules, Vol. 1, Part I which lays down that resignation from service works as forfeiture of past service and since the petitioner resigned on his own, he is not entitled to any pensionary benefits except GIS and GPF, which have already been paid to him.

4. Petitioner, who chose to appear in person, has argued that he became entitled to gratuity and other pensionary benefits on completion of 10 years qualifying service. In support of this submission, he seeks to draw my attention to State of Punjab v. Gurkeerat Singh, 2002(3) SCT 623 where Gurkirat Singh was allowed gratuity and other pensionary benefits though he had resigned after having put in more than 10 years of service. In Ganga Bishan v. State of Haryana and others, 1994(4) SLR 59, a learned Single Judge of this Court held as follows :

"The grant of pension and gratuity is governed by the provisions of the Punjab Civil Services Rules, Vol. II. Rule 6.16(1) provides the scale of service gratuity admissible to a person, who retires before completing qualifying service of ten years. Similarly, in Rule 6.16(A) provision for the payment of gratuity to the retiring Government servant has been made. As for pension (sic) provides that in the case of a Government employee who at the time of retirement has rendered qualifying service of ten years or more but less than thirty three years, the amount of pension shall be in such proportion to the maximum admissible pension as the qualifying service rendered by him bears to the maximum qualifying service of thirty three years, subject to a minimum of Rs. 375 per mensum." It is thus clear that a person becomes entitled to the grant of pension on completion of ten years qualifying service. It is the admitted position in the present case that the petitioner had served for a total period of 18 years, 5 months and 15 days. Consequently, he was entitled to the grant of pension in view of the provisions of Rule 6.16(2). He was also entitled to the grant of gratuity in accordance with the provisions of the Rules. In view of these provisions, the claim of the respondent that the petitioner is not entitled to the grant of pension and gratuity as he had not completed 20 years of service cannot be sustained. It is also the admitted position that the amount of money admissible to the petitioner under the Group Insurance Scheme has not yet been determined and the case is under consideration."

5. Petitioner submits that his resignation was accepted and he was permitted to quit the job by the government, he became entitled to pension. As for pension, Rule 6.16(2) of the Punjab Civil Service Rules Vol. II inter-alia provides that in case of Government employee who at the time of retirement has rendered qualifying service of 10 years or more, the amount of pension shall be in such proportion to the maximum admissible pension as the qualifying service rendered by him bears to the maximum qualifying service of thirty three years, subject to a maximum of Rs. 375/- per mensum. It is thus clear that a person becomes entitled to the grant of pension on completion of 10 years qualifying service.

6. In Ganga Bishans case (supra), Ganga Bishan had sought premature retirement after he had put in less than 20 years of service and it was held that he was entitled to pension for the period he had actually served the respondent-State.

7. Since the petitioner resigned after he had put in more than 10 year of service, he is entitled to pension and other retiral benefits as premature retirement from service and voluntary resignation from service will have the same effect, i.e. one is retiring. So, this writ petition is allowed. Respondent-State of Punjab is directed to release the pension and other retiral benefits to the petitioner. He will be given interest @ 9% per annum on this amount payable with effect from 1.8.1998 till its payment. Payment shall be made to him within six months of the receipt of copy of this order.