LAWS(P&H)-2000-5-156

PAKHAR RAM Vs. PUNJAB STATE ELECTRICITY BOARD, PATIALA

Decided On May 16, 2000
Pakhar Ram Appellant
V/S
PUNJAB STATE ELECTRICITY BOARD, PATIALA Respondents

JUDGEMENT

(1.) THIS is plaintiffs second appeal directed against the judgment and decree of the Courts below dismissing his suit for declaration to the effect that order dated 2.12.19S8 prematurely retiring him is illegal, wrong and he is entitled to continue in service as if the said order had not been passed.

(2.) IN brief, the facts are that on 7.8.1976 while the plaintiff was working as Junior Engineer -II, tried to commit suicide. A case was registered against him under Section 309 of Indian Penal Code. In the said attempt of committing suicide, he lost his right arm and three fingers of his left hand. The Civil Surgeon, Jalandhar determined his disability to be 100 per cent. Because of the disability, plaintiff could have been retired but taking a compassionate view of the matter, he was given desk job so as to enable him to complete qualifying service of 25 years so that he could enjoy the pensionary benefits of his service. During the course of his service, he was adjudged 'below average' by the competent authority. On completion of qualifying service, he was retired prematurely on 9.3.1983. He challenged the order of his premature retirement in the Civil Court. Upon contest by the defendant, both the Courts have held the order to be legal. Hence this second appeal.

(3.) I , however, find no merit in this contention of counsel for the appellant.