KARTAR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner joined as Junior Engineer then known as overseer on 11.8.1956 in the department of PWD (B&R) Branch Punjab. After re-organisation of punjab in the year 1966, the petitioner was allocated State of Punjab. The petitioner had gone on deputation to the Punjab Housing Development Board April 1985 and from there proceeded on leave with effect from 21.6.1977. The petitioner had gone on leave on account of illness of his son and on account thereof he was unable to join the service. It is averred that the petitioner joined the parent department on 26.8.1986 and was subsequently charge-sheeted on 11.12.1986 for being wilfully absent from duty. The services of the petitioner were terminated vide order dated 12.2.1990, copy Annexure P2.

(2.) It is the case of the petitioner that he has not been "dismissed" from service but has been awarded the punishment of "termination from Government service" as such, is entitled to the retiral benefits such as pension, gratuity, provident fund and arrears of pay. In this regard, reference has been made to rule 2.5 of the Punjab Civil Service Rules Vol (II).

(3.) Notice of motion had been issued. The respondents have filed the written statement and have maintained the stand that the petitioner had been wilfully absent from duty for more than nine years and that the services have been correctly terminated.