CHANDIGARH: The Punjab and Haryana high court has ordered the Centre that the services of former high court judge Justice Raj Rahul Garg from September 25, 2014 till July 4, 2016, be blended with service rendered from 1981 till she retired as district judge on July 31, 2014.
While issuing these orders, a division bench headed by Justice A B Chaudhari also held that her pension be calculated accordingly.
The bench has set a deadline of eight weeks for the completion of the process. The retired judge, however, would not be entitled an interest on the pension.
The division bench has passed these orders while disposing of the petition filed by Justice Garg. She had submitted that the controversy is about gap in service in her long career, which has been termed as break and had become a ground to deny her pensionary benefits for service rendered as the HC judge.
According to her, the central government refused to count the service rendered by her in the HC for counting the total period for the purpose of determination of her pension. As such, she was being denied her rightful claim to full pensionary benefits as a retired judge.
Garg was appointed as judicial officer in 1981 before her name was recommended for elevation as an HC judge. She, however, retired on July 31, 2014 because of delay on the clearance of her name as an HC judge by the Centre. Almost two months after her retirement, her name was cleared by the Centre and she assumed the charge of the HC judge on September 25, 2014.
Her main argument was that after her elevation, she worked as the HC judge till July 4, 2016, but till date the pension and some pensionary benefits for being judge of the high court had not been provided to her.
She had only sanctioned the additional pension for each completed year as an HC judge but not provided pensionary benefits computation that was to be paid for total service rendered by her.