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of <h1>Court rules in favor of Excise Sub-Inspector in retirement dispute, clarifies benefits forfeiture.</h1> <h3>Ramlal Khurana (Dead) By Lrs. Versus State of Punjab and Ors.</h3> The appellant successfully challenged the reversion and repatriation in a civil court, with the court ruling in their favor due to holding a substantive ... - Issues:1. Challenge against reversion and repatriation.2. Validity of order of compulsory retirement.3. Competency of Excise Commissioner to make the retirement order.4. Interpretation of Rule 3.14 of Punjab Civil Services Rules.5. Acquisition of lien in the Excise Department.6. Existence of lien in the parent department.7. Applicability of service jurisprudence principles.8. Authority to pass the order of compulsory retirement.9. Finalization of pensionary benefits.Analysis:1. The appellant challenged the reversion and repatriation in a civil court, seeking a declaration that the reversion was illegal. The court ruled in favor of the appellant, stating that he was holding a substantive post as an Excise Sub-Inspector, and the reversion without proper enquiry amounted to a penalty.2. The appellant was compulsorily retired from service by the Excise Commissioner under Punjab Civil Services Rules. The appellant contested the validity of the retirement order, arguing that the Commissioner lacked competency as he belonged to the Police Department. The High Court dismissed the petition, holding that the appellant had a fresh appointment in the Excise Department, not a deputation from the Police Department.3. The appellant's counsel relied on Rule 3.14 of the Punjab Civil Services Rules and a previous court decision. The argument was based on the appellant not acquiring a lien in the Excise Department due to lack of confirmation, and the contention that the lien in the parent department should have been suspended for future benefit.4. The Supreme Court rejected the appellant's contention regarding Rule 3.14, stating that the rule was not applicable as the appellant had a legal right to the ex-cadre post and was opposing repatriation. The Court emphasized that the appellant's denial of repatriation forfeited the benefit of the rule.5. The Court also dismissed the argument that the appellant needed confirmation in the Excise Department to acquire a lien. It was clarified that lien signifies the right to hold a post substantively, and acquiring a lien in a new post automatically extinguishes the previous lien, following the principle of service jurisprudence.6. The Civil Court's ruling that the appellant had the right to continue as an Excise Sub-Inspector invalidated any claim of retaining a lien in the parent department. Consequently, the Excise Commissioner was deemed the competent authority to issue the order of compulsory retirement.7. The appeal was dismissed, and no costs were awarded. The Court directed the respondent to determine and pay the pensionary benefits to the appellant's legal heirs within three months, considering the pending proceedings and the appellant's service history.
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