Bhawani Singh vs State of H.P. and Others

Kurian Joseph, C.J.—The petition is filed with the following prayers:

(i) That the Respondents may be directed to grant extension in service for a period of one month beyond the date of his superannuation i.e. 30.4.2000 so as to enable him to complete the maximum qualifying period of 33 years for the purposes of grant of full retiral benefits and accordingly to revise pension and other retiral benefits on the basis thereof so as to mitigate the hardship meted out to the applicant in the exceptional extraordinary circumstances of the case.

In the alternative

(ii) The Respondents may be directed to allow the counting of period of service of the applicant from 16.11.1964 to 31.8.1967, which he had rendered in Govt. aided and recognised S.D.Z. High School, Thural (Kangra) before the said school and the services of the applicant were taken over alongwith all assets and liabilities from 1.9.1967, for all intents and purposes, so as to enable the applicant to reap the benefit of maximum qualifying period of service of 33 years for grant of full pension and other retiral benefits from the date of his retirement from service on superannuation and to revise the pension and other retiral benefits on the basis thereof and to release the arrears of pension and other retiral benefits alongwith interest at the rate of 15% per annum from the due date till the actual date of payment thereof.

In the reply at paragraph 6(viii), it is stated as follows:

That in reply to this para it is submitted that so far the contents of letter Annexure A/2 are concerned, the same are admitted, however, it is submitted that the applicant represented his case at the belated stage as such record was not traceable in the Directorate. The applicant has not placed any proof or any document that his services was taken over from entitled appointment in the SDZ High School, Thural from initial appointment. The applicant is estopped from putting forth his claim that his services were taken over from 1964 as per service record the applicant entered into Govt. Service on1. 9.1967 and his service record was also maintained from the said date.

In view of the stand taken in the reply as above and in view of the intervening developments, in case the Petitioner has still any grievance left, he may approach the 2nd Respondent, in which case, the 2nd Respondent will look into the matter and take appropriate action in accordance with law and justice within four months from the date of production of a copy of this judgment alongwith copy of the writ petition by the Petitioner.

The petition is disposed of, so also the pending application(s), if any.