KIRPAL SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner is assailing order dated 27.12.2005 (Annexure- P14) whereby General Manager, Haryana Roadways, Yamunanagar has denied the pension to the petitioner on the ground that that the petitioner remained out of Government service w.e.f. 06.11.1981 to 11.06.1996.

(2.) The brief facts of the present petition are that the petitioner was appointed as Conductor in Haryana Roadways Depot vide appointment letter dated 27.05.1967. The petitioner was removed from the service vide order dated 6.11.1981. However, on the reference being made by the petitioner, learned Labour Court passed an award on 16.05.1996 in favour of the petitioner directing to reinstate the petitioner on post but without any back wages. Learned Labour Court held removal of the petitioner illegal and unjustified. Pursuant to the award once again he joined the service on 12.06.1996. The petitioner after attaining age of superannuation stood retired from the Government service on 31.05.2004.

(3.) The sole question before this Court is as to whether pensionary benefits can be denied to the petitioner merely because the petitioner remained out from the service because of order of removal which was later on quashed by the Labour Court.