Maghi vs State of H.P. and Others

Kurian Joseph, C.J.

CMP(M) No. 750 of 2010.

Heard. Allowed. The delay in filing the appeal is condoned.

LPA No. 143 of 2010.

The petitioner has approached this Court aggrieved by Annexure P-12, order passed by the Superintending Engineer, I & PH Circle, Sundernagar. The Superintending Engineer by the impugned order imposed a penalty on the petitioner of withholding of all future pension. The ground of withholding the pension is that in the enquiry conducted, it had come out that the petitioner had given a wrong date of birth before the Appointing Authority. One thing is clear that the petitioner/appellant is an illiterate person. He was engaged as a daily waged mason, then he was brought under work charge status and then he was taken into regular service. He has since been superannuated also.

The learned Single Judge dismissed the writ petition on the ground that no evidence was adduced by the petitioner before the Inquiry Officer. But it is seen that the petitioner had produced his horoscope before the 5th respondent. The learned Single Judge has also observed that the younger brother of the petitioner, who is in the Government service, is shown to have the difference in the age as seven years. On that ground also, the learned Single Judge has found it difficult to consider the case of the petitioner.

The learned Counsel for the appellant submits that since the appellant has an effective remedy before the Government to take out all his contentions like non-availability of register recording the date of birth, illiterate background of the appellant, genuineness of the horoscope, that the service rendered by the petitioner having been satisfactory in other respects and hence withholding of pension will be unjustified, and even if there is a dispute with regard to the service rendered on the basis of the disputed age, there is an undisputed service record etc.

Though normally, this Court may not permit the petitioner to withdraw the writ petition at the appellate stage, in view of the background of the petitioner that he is an illiterate person and in the interest of justice an opportunity be given to the petitioner to pursue his grievances before the Government, we deem it proper to permit the petitioner to withdraw the writ petition. We set aside the judgment under appeal, permit the petitioner to withdraw CWP No. 2416 of 2008 with permission to move the Government. We make it clear that in case the petitioner approaches the Government against Annexure P-12, order within a period of one month from today, the Secretary in the Administrative Department concerned shall consider the appeal with notice to the petitioner and pass appropriate orders in the matter adverting to the submissions made by the petitioner within another three months.

With these observations, the present appeal is disposed of.

Dasti copy.