JAI KARAN Vs. DELHI JAL BOARD

JUDGEMENT

(1.) The petitioner-Jai Karan, by way of present writ petition under Article 226 of the Constitution of India, has sought an order in the nature of Writ of Certiorari seeking quashing of order dtd. 17/10/2018 passed in O.A. No.622/2013 by the learned Central Administrative Tribunal, Principal Bench, New Delhi (Tribunal) as well as setting aside of G.I., M.F., O.M. No.F.12(1)-E.V/68 dtd. 14/5/1968 and O.M. No.12011/1/85-ESTT.(C) dtd. 10/3/1986, issued by the Department of Personnel & Training, Government of India. In addition, a writ of mandamus also is sought to the respondents to grant the petitioner benefit of service on work charge basis and to determine his qualifying service with full pension, gratuity and other benefits for the services rendered by him.

(2.) The petitioner claims to have been appointed on the post of Assistant Pump Driver (APD) in Delhi Development Authority (DDA) in the year 1972. He was made permanent by DDA on 1/3/1974 and was transferred to respondent No.1-Delhi Jal Board (DJB) on 13/1/1996, as then DJB was under MCD. The petitioner worked as a regular employee in DJB from 13/1/1976 till 31/12/2005, i.e. till the date of his superannuation. Petitioner claims to have received full and final payment of gratuity, pension and other retiral benefits from the respondents.

(3.) According to petitioner, after receiving his dues from the respondent No.1-DJB pursuant to his superannuation, he learnt about wrong calculation of his dues in respect of his qualifying service period. The petitioner then made a representation dtd. 4/11/2011 to respondent-DJB requesting to recalculate his dues and to clear the same.